How can I get my husband out of the house if he kicked and bruised me and I have filed a police report?

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How can I get my husband out of the house if he kicked and bruised me and I have filed a police report?

I filed for divorce 8 months ago however my husband, 3children and I still live together. He kicked me in my head, stomach, arms, etc and as a result, I have 2 bruises. The next morning I filed a police report and they took pictures of the bruises. Will I be successful in being granted a PFA order and can the judge require him to move out? My daughter is afraid of him and afraid he is going to hurt me again. How can I get him to move out?

Asked on August 14, 2011 Pennsylvania

Answers:

M.T.G., Member, New York Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

A protection from abuse order is a paper that is signed by a judge and tells the abuser to stop the abuse or face serious legal consequences.  It seems from what you have written here that you should have no problem but here is what concerns me:  is this really a protection in that it will keep him away from you and the children?  It does not appear to be.  So here is what you need to do:  seek help from legal aid if you can not afford an attorney or family services because you have the kids too and ask them to file for what is equivalent to an order of protection in New York or a restraining order that keeps him away from the house.  And file for divorce and request exclusive possession of the home.  Good luck.


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