Canmy husbanduse a restraining order to keep me from my house if I bought it before we were married?

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Canmy husbanduse a restraining order to keep me from my house if I bought it before we were married?

I moved out of my home about a year ago under duress. My husband is verbally and emotionally abusive. He also an alcoholic. He filed for divorce (pro se) on 7 months ago. He has cancelled, changed and/or billed me for so much that I am in financial ruin. I will lose my apartment at the end of the month. He is at the police department. Right now he’s filing out a restraining order against me without provocation except for the fact I told him I was moving back into my house.

Asked on August 12, 2011 Wisconsin

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

While he may be able to apply for a restraining order, there has to be reason that the restraining order could sustain. If the home is in your name and you purchased it before your marriage, while it may be considered a marital asset now, it is still technically in your name and if the police were agree to present this filing, it could put them and the spouse in legal hot water. If a restraining order is entered against you, fight it in court to have it cancelled. Usually you are supposed to obtain notice of this filing, especially if it is not based on something that doesn't require notice, like domestic violence. Get your evidence together and at this point, talk to an attorney and see if it would be highly advisable for you to obtain a restraining order against him. While this for that is not usually advisable, if you feel he will prevent you from entering your own home, then it may be time to fight back.


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