Legal Question in Civil Litigation in Pennsylvania
Does husband have the right to move back in?
I have a Protection from Abuse Order against my husband. It will expire in November, 2006. My husband has threatened to move back in upon the PFA's expiration. I have had the police remove him from the property twice- in April and June 2006- but I did not have him arrested. I filed for divorce in Feb 2006. The home is in my name only. Does he have the legal right to move back in after November 9?
1 Answer from Attorneys
Re: Does husband have the right to move back in?
You asked whether your estranged spouse has the right to return to the marital home upon the expiration of a Protection from Abuse Order.
You stated that the home is in your name only and this gives you the right to exclude anyone from the premises you wish. Speak with your attorney, and I will assume that s/he will recommend renewing the PFA. In addition, send you husband two duplicate letters by both Certified Mail, return reciept requested and by First Class Mail. The letter should inform him that he is not authorized to enter your property for any purpose and doing so will be considered trespassing and that you will have him arrested.
If soon-to-be-ex husband trespasses then have him arrested. Plice will get tired of removing someone and in the future may be slower to respond. Family disturbances do not calm down over time. They escalate. Seek support and counselling from a local battered women's shelter. They can even provide suppor when the PFA expires. They will also provide a good resource for support in having him arrested. It is hard to have someone arrested who you once loved. You can temporarily forget the a*****e that they are and see the person you cared about. But you must remember that that is fleeting and the a*****e will be back again.
Regards and good luck,
Roger Traversa
Email: [email protected]
Phone: 215.279.8940