Legal Question in Family Law in New York
Domestic threats and divorce
my mother is married to an alcoholic. He is verbally abusive and makes a lot of threats but has not actually been violent, yet. Is there any way to legally get him out of the house until she can get a divorce worked out? She was informed that she could not get a restraining order unless he actually got violent.
2 Answers from Attorneys
Re: Domestic threats and divorce
Your mother would have to file for divorce and have a Pendente Lite (Interim Relief) motion filed with the court. You need an attorney to do this though. Otherwise, you are right she cannot get him out of the house unless he becomes violent or threatens physical violence, inciting fear in your mother.
Re: Domestic threats and divorce
The other attorney's answer is not true - your mother can petition for an order of protection in the Family Court based upon abusive or threatening conduct. Depending on the citrcumstances, she may even be able to get a temporary order excluding him from the home. This is separate and apart from any recourse she has as part of a divorce action. Feel free to call my office to schedule a consultation if you wish to discuss this further.
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