Legal Question in Family Law in California

First step

My wife is an alcoholic, she can be verbally and physically abusive. I have an 8 year old and 3 year old. I need to remove my kids from this situation before she does any more harm to them and me. I need to get her out of the house, but I cannot force her to leave. I have asked to her to move out and she will not. She has promised to quit drinking several times, but it never works out. She is also on probation for domestic violence against me. What is my first step? I do not think I can afford an attorney as she spends $400 a month on beer. Can I deposit my own check in a different bank account that she does not have access to? She makes about $100 - 200 a week and that is enough for her to drink.

Any advice would be appreciated!

--name removed--


Asked on 9/21/03, 10:57 am

2 Answers from Attorneys
Christopher M. Brainard, Esq. C. M. Brainard & Associates - (310) 266-4115

Re: First step

I charge very reasonable rates.

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Answered on 9/22/03, 1:17 am
PATRICK MCCRARY PATRICK MCCRARY

Re: First step

Yes you can deposit your check to a separate account which you should do if you are separating. Talk to a few attorneys, you may be able to find one that can take a payment plan. If you cannot get an attorney, ask if your court has a facilitator's office that can assist you in preparing the paperwork for custody and to remove her from the home. Good Luck, Pat McCrary

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Answered on 9/22/03, 11:04 am


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