Legal Question in Family Law in Maryland

Re: abusive husband

IF your husband kicks your daughter and/or drags her down the stairs,he is guilty of physical abuse which can be the basis to get him out of the house. You need to go to the District Court commissioner and file file a request for a protective order for protection from domestic violence on behalf of your daughter. An initial hearing will be held without notifying your husband, and the judge will almost certainly order him out of the house for a week, after which there will be another hearing at which he may appear to defend himself. IF the judge is convinced of what you say (you may need to take your daughter to testify at the hearing) your husband can be ordered out of the house for a year. That may convince him that you are serious about a divorce, and you will have a year in which to try, hopefully represented by a family law lawyer, to reach a separation agreement. If he refuses to consider a voluntary separation and divorce, which would save you both a lot of attorney fees, you can file for divorce without his agreement. But do not try to do all of this without a lawyer. The cost of failing to get what you should would be far greater than the cost of a reasonable attorney fee.

Re: abusive husband

What you have to do is establish a basis for instituting a divorce action. That's difficult since you're still living under the same roof. However, if you occupy separate bedrooms and don't engage in marital relations, you might be able to seek a limited (temporary) divorce on the grounds of voluntary separation or constructive desertion. Then you could ask the court to grant you sole custody of the children and a use and possession order for the home, which if granted, would require your husband to vacate the premises.

If you're serious about this you need to consult with a family law attorney who knows how to properly present this type of case.

Re: abusive husband

You need to get this abusive person out of the house. IMMEDIATELY consult a family law attorney, like myself. The next time he assaults your daughter, get a protective order from the district court. That will get your husband out of the house for up to a year. Talk to a lawyer NOW.