Legal Question in Family Law in Maryland

Ex Parte

I am still living at home, but am planning on moving out soon and getting a divorce. My husband said he waas going to get an ex parte against me,(although he has no reason to.) What happens if I am still living in the house, what would happen. Can he just get an ex parte for no reason, just to get me out of the house? Does he have to have proof of something to be able to file for this.

WHat do I do?


Asked on 2/20/05, 12:24 pm

2 Answers from Attorneys
G. Joseph Holthaus III Law Offices of G. Joseph Holthaus

Re: Ex Parte

You have an interest in marital assets. Many factors require review and your marital discord should be discussed with an attorney. If your estranged spouse is talking about taking legal action against you then you should speak with an attorney. (410) 750-2567

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Answered on 2/21/05, 12:49 am
Robert Sher Wagshal and Sher

Re: Ex Parte

In order for your husband to obtain an ex parte order, which is an order forcing you to leave the marital home, he must appear before a judicial official and swear out a statement under oath that you have assaulted him or a child in the home or acted in a way that is threatening. If the commissioner believes his allegations are sufficient, he will issue an order, and the sheriff will serve it on you and require you to leave. However, you will be granted a hearing in a week, at which your husband will have to present evidence which you will be entitled to counter on this issue. If this happens, you should make sure to seek legal representation. If you can't afford an attorney, their are free legal services available through the bar association in your county.

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Answered on 2/22/05, 10:35 am


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