Legal Question in Family Law in Minnesota

My brother's wife just kicked him out. She has a daughter from a previous marriage that he was in the process of adopting, not completed. She claims to have an attorney, and is telling him if he comes back home she is calling the police. What should he be doing? There is no cheating or violence involved.

Asked on 12/06/11, 6:22 pm

1 Answer from Attorneys

Maury Beaulier612.240.8005 Minnesota Lawyers
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She can call the police all that she wants. If there is no court order to the contrary, he has as much of a right to occupy the home as the other party. He should avoid conflict at all costs restraining orders can be acquired alleging domestic abuse which requires that a person caused physical harm or threatened physical harm. He should certainly be consulting with a lawyer regarding his particular case.

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Answered on 12/07/11, 6:26 am

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