How can I get my alcoholic wife out of our house?

We have an 9 year old son. Is there a restraining order I have to get?

Asked on January 10, 2013 under Family Law, California


Cameron Norris, Esq. / Law Office of Gary W. Norris

Answered 8 years ago | Contributor

If she is on title to the home--then you have no right to kick her out of the house.  Domestic violence restraining orders have a mechanism to get a "kick-out" order, but you can only use them if there has been some sort of abuse or threat of abuse by her.  You should consult with a local family law attorney about the ramifications of moving out and ask specific questions about how Epstein  and Watts would apply here.

Best of luck.


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