Legal Question in Family Law in New Jersey

Re: Ex-Fiancee' will not leave

From the limited facts, it doesn't sound like he has any rights to stay if you want him out.

As far as the alleged domestic violence, I would suggest you file a restraining order again him.

How do you file a restraining order?

Monday through Friday between 8:30 a.m. and 3:30 p.m., except on a holiday, you can go to the domestic violence unit of the Family Division and apply for the Order. Court employees will help you file the papers on forms they will provide.

If it is after the end of the court day, a holiday, or a weekend, you can go to your local police department to obtain an order. They have the forms and can call a judge to get an order that starts immediately. You will be asked to speak to the judge by telephone, unless the judge chooses to come to the court to hear your testimony directly.

If you need immediately assistance there is a domestic violence hotline, One 800, 572 and 7233, 24 hours a day, 7 days a week.

I would be happy to follow up with you. Please email me directly or call my office if you would like to schedule an appointment either in person or by telephone. My contact information is listed in the links below.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

Re: Ex-Fiancee' will not leave

Is his name on anything? If the house is all yours then its all yours! If he doesn't want to leave, call the police. Tell them about how he is abusing you and that you want to file charges against him.

You may run into some problems if he gets an attorney for any of this as it doesn't seem like you have one. While I think you will be ok in the end, he could really cause some problems for you in the meantime. If you can afford an attorney, I suggest you do so. Otherwise, call legal services and see if they can help you.

My initial consultations are always free, so call me at 732/247/3340 to discuss your case.

Re: Ex-Fiancee' will not leave

You owe him nothing and he owns nothing. He merely paid rent by paying bills.

If you want him out that is easy. If he threatens you or harasses you those are acts of domestic violence and you should file a domestic violence complaint requiring him to stay away.

Call me if you like.

Gary Moore, Esquire

Hackensack, New Jersey

www.garymooreattorneyatlaw.com

Re: Ex-Fiancee' will not leave

You need to be aware of your rights under the Domestic Violence laws. If he is abusing and/or harrassing you, call the police and have him kicked out. Further, from what you have indicated, it appears that you owe him nothing. He was a roomate, paying some bills. If his name is on nothing, he gets nothing.

Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a Family Law attorney (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner