Legal Question in Family Law in Utah
My husband hits me on occasion, Nothing ever hard enough to bloody or bruise me majorly but when he gets angry or I try to wake him up for work he likes to smack, pinch or push me. I'm beyond fed up. He has angry and emotional outbursts and likes to through nasty names and accusations at me. When we fight he tends to take away my keys and telephone so I can't leave or call anyone. He has been known to go get our 1 year old and bring him out of bed because he knows I wont yell back or show any sign of anger in front of him. I have asked him to leave our home, which was a gift to me from my grandparents, but he is under the immpression that although he didn't pay 1 cent twords the ownership of the home, because he helped use our taxes to pay for renovations and did the work ourselves that he owns it and I am the one who needs to leave. He has threatened to take the home and my son away from me if we separate. He refuses to go although I have expressed that I do not want to be with him anymore due to his anger and violence. Each time he begs me to stay and he is soo so sorry but I don't believe him anymore. I don't have or make enough money to afford a lawyer but I need to divorce this man while keeping custody of my son. I don't dare let him raise him for fear he might turn out an angry man like his father. What can I do to get him out of my home legaly as soon as possible, and who might I turn to for cheap legal assistance in a devorce and custody case?
1 Answer from Attorneys
You need to immediately to the Scott Matheson Courthouse at 450 South State Street, Salt Lake City, Utah (if you live in Salt Lake County), or to the District Court in whatever county you live in, and get a protective order. This will get him out of the house and will give you immediate emergency custody of your child and possession of the home. There is no cost to do this and usually, the Legal Aid Society attorneys will assist you in this process. Once that has been completed, Legal Aid should also be able to assist you in filing for divorce which will result in more permanent orders regarding the custody of your child and the division of your assets. Without know more about the home and how it was purchased, it's difficult to determine what interest, if any, he may be able to claim in your home, but you should still be able to get a protective order which will keep you in the house, get him out, and give you custody of your son. The bottom line is there is no excuse or justification for abuse and unless you immediately take steps to stop it, you may be jeopardizing the life and safety of not only yourself but of your child as well.
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