Legal Question in Family Law in Pennsylvania

My mother is attempting to divorce her current husband. They were separated for several months prior to reconciling. During the separation, my mother rented her own place. He now resides there. He lists my mother's address on his driver's license and receives his mail there, but is not listed on the lease or any of the bills. He has become increasingly mentally abusive to my mother and 7 year old sister (product of the relationship). He is the sole income provider because my mom cannot leave him to "babysit" my sister. She attempted to go back to work several years ago and she came home to find a large hand sized welt on my sister's face with a weak explanation. My mother wants him out but he won't leave. She had an appointment with a lawyer whom stated that it would take two years to get him evicted? She also spoke with a women's help center that told her all they could do was assist her with a protection order. The women's help center went on to say that it would be difficult to get because there was no proof of any physical danger. He makes my mother perform all household duties, he had removed her from all banking accounts and refuses to give her money to purchase food, medicine, etc. My sisters and I have been feeding her and my little sister. I have made an appointment to meet with another lawyer in a couple of weeks for her because he monitors her communications. My question is this: Can my mother get him out now while she pursues the divorce and custody of my sister? NOTE: My mother lives in Somerset County, Pennsylvania.

Asked on 5/21/13, 4:52 pm

1 Answer from Attorneys

Glenn Brown Real World Law, P.C.

Depends on whether the judge believes your mother. If the judge believer her the PFA will remove him from the house if not it won't.

Good luck to her.

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Answered on 5/21/13, 5:02 pm

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