Legal Question in Family Law in New Jersey
Can my wife restrain my son and I from the house
My wife want to restrain my 16yr from the house due to not following instruction, she has also indicated she will seek to have me removed. There has been no physical or verbal abuse by either of us. She feels my son does not follow her instruction, but he is not combative. I have no family support in the state, but my wife has quite a bit. I would like if require to have time to seek other housing and outline finances in until the divorce is lauched. We are both on the tiltle of our house. I'm so stressed out I just don't know what to do.
4 Answers from Attorneys
Re: Can my wife restrain my son and I from the house
I would make sure you are very careful around her. She could be trying to provoke you into threatening her, and I would guess she also might be recording your conversations. Without a domestic violence restraining order, she cannot force you to leave the house.
It also sounds like she might have received the advice of an attorney. I suggest you do the same with an attorney near you.
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: Can my wife restrain my son and I from the house
I have read what the other attorneys, Jef and Gary have said. Yes, I think you must be very careful to not give her any grounds at all for filing a domestic violence action against you. That could get you immediately thrown out of the house. And she may already be getting advice from a divorce attorney, to set you up and get you removed. Do not let this happen.
You really need to get some assistance from an attorney. I suggest you find an experienced divorce attorney (this is a divorce type problem) who is not too far from you, and ask the attorney for assistance. You will have to pay the attorney for the attorney's efforts.
There is a lot at stake. Get a lawyer!
If you would like, give me a call; I am in northern New Jersey. I will be happy to discuss this with you; the telephone consultation will be free.
My contact information can be obtained from the links below, just click on the Attorney Profile link. Let my secretary know you found me through LawGuru.
Disclaimer: Your question and any response does NOT create an attorney-client relationship between you and this law firm. You can not rely on the statements made by 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: Can my wife restrain my son and I from the house
You seem to be saying that your wife has threatened to seek to file a domestic violence complaint. You should read the domestic violence page of my website, www.garymooreattorneyatlaw.com to learn how it works.
Call me if you like.
Gary Moore, Esquire
Hackensack, New Jersey
www.garymooreattorneyatlaw.com
Re: Can my wife restrain my son and I from the house
Until she files a complaint, there is nothing to respond to. I suggest you meet with an attorney to discuss all of your options and your rights and then you can decide which is the best way to proceed.
My initial consultations are always free, so call me at 732/247/3340 if you have any questions.
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