Legal Question in Family Law in New York

I have an order of protection on my husband. He cannot be in the home that we live in. My name is not on the deed or on the mortgage. He told me I have to leave the house because he's the house is under his name.

Asked on 12/02/12, 12:52 pm

2 Answers from Attorneys

Jordan Trager Wisselman, Harounian & Associates, P.C.

He cannot make you leave the house. If you start a divorce case you may be entitled to legal fees and you may be able to have him removed from the house. You should retain the services of an attorney right away.

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Answered on 12/03/12, 7:08 am
Nicholas Dubrowsky Nicholas S Dubrowsky

I agree with the answer listed above.

That Order of Protection is on your behalf and against your husband; I assume that a) it is a temporary order and b) it reads that he is excluded from the home.

In fact, he needs to leave immediately. And, if he does not then you should seek an attorney who will help you file a violation petition. A violation petition is a new case. In that petition are the instances (including specific descriptions of these instances) where he violated the Court's written Order. After a hearing, if the Court finds in your favor then your husband could face up to 6 months for contempt of court.

Lastly, if you have not brought a divorce action yet [and you want to bring one] then the sooner you act the better. Why? Well, aside from the potential danger stemming from your husband's disregard of an order of protection you might be entitled to legal fees and maintenance (i.e. alimony) for the time he not in the home.

Regardless, these issues should be discussed with an attorney who can provide a more thorough analysis based on your specifics.

Nicholas Dubrowsky

The Law Offices of Nicholas S. Dubrowsky, Esq.

** If interested, I included a link to a similar type of case for reference**

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Answered on 12/04/12, 12:42 am

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