Legal Question in Family Law in Florida

Motion to Vacate Premises

I just filed for a dissolution in Fl. The house we live in is one I owned before we got married. My husband is verbally abusive. He has a gun and I am afraid he might hurt me. Can I just file a motion to have the court force him to leave? Do I need to give the court details of why I want him out?


Asked on 11/15/08, 5:07 pm

1 Answer from Attorneys

Brent Rose The Orsini & Rose Law Firm

Re: Motion to Vacate Premises

If he's threatened or harmed you, you should consider filing a free domestic violence injunction against him.

In family court, you can file a motion for exclusive use and possession of the home, explaining that the house is your nonmarital (premarital) property and, yes, you do have to give the court details as to why you want him out, but you don't necessarily have to say it's because he's threatened you. You can just say you are getting a divorce and you want your house back. If you have kids, you should mention that.

Lastly, you might also be able to evict him.

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Answered on 11/15/08, 5:16 pm


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