Arkansas  |  Family Law

Legal Question

Asked on: 4/30/13, 3:18 pm

My wife and I own a home and several acres of land jointly. It is our primary residence. Currently we are seeking divorce. I left the state on an extended vacation for a number of months to allow things to cool down. When I returned my wife had allowed my son to move in. He encouraged/instructed her to get a restraining order against me. I have been barred from returning to my home for over a month now. Since then she has moved out of state and left my son at our residence. Today I was served with a restraining order against me by my son. After consulting with my attorney I was informed that even if I am allowed back on my property I will still be legally prohibited because my son is there and that I have no means to have him removed from the property. Can this be true? Can I be legally barred from stepping foot on my property or going to my home because my son, who has a restraining order against me, is there? Is there nothing I can do to have him removed? (NOTE: My son has NO ownership in the property whatsoever.)

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