Legal Question in Family Law in Louisiana

only 6 months married -out of my home w/ restraining order

This pertains to a 70 yr old man married for 6 mo. 2 mo. ago his wife falsely accused him of physical abuse, threw him in jail, got a restraining order and refuses to speak of nothing but how he must give her money as he is her husband. He is legally not allowed to even enter his own house(full ownership), not even w/ an officer. He shut off the cable and phone only for her to beg the court that these are essential to her survival. He has gone for divorce. Can he get an annulment? How can he get her out of his house? Can he evict? New laywer?


Asked on 12/22/01, 3:26 am

3 Answers from Attorneys

Re: only 6 months married -out of my home w/ restraining order

Many of the answers to your question depend upon what steps, if any, he has already taken. He can seek to have the Order of protection modified to allow Husband possession of the residence. He can certainly ask for temporary orders in the pending dissolution awarding him possession.

An annulment may be possible if there are sufficient bases, or if Wife agrees to allow the annulment.

I of course have no idea whether or not he needs a new lawyer.

I can explain the procedures and law better by phone or in person. There is too much to cover via e'mail (and I am not the greatest typist). We offer free 1/2 hour consultations, in which we can discuss the matter in more detail.

Please call me directly to discuss the specifics of your case, or contact my assistant Cathy to schedule a free 1/2 hour consultation. I look forward to talking with you.

/s/ Rich J. Peters, Attorney

JON C. DAKE & ASSOC., P.C.

1422 N. 2nd Street, Suite 100

Phoenix, Arizona 85004

602.254.7251

602.254-1229 (facsimile)

see our web page at www.familylawaz.com

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Answered on 12/24/01, 11:46 am
Nick Pizzolatto, Jr. Pizzolatto Law Office

Re: only 6 months married -out of my home w/ restraining order

Cannot get an annulment under the facts related in the question. He can get her out by getting divorced.

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Answered on 12/22/01, 11:31 am
Andrew Casanave Andrew M. Casanave

Re: only 6 months married -out of my home w/ restraining order

Mr. Pizzolatto is correct. Get a lawyer and file for divorce.

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Answered on 12/25/01, 9:20 am


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