If my husband and I are separated but not legally and asked him to leave 6 weeks ago, what are my rights regarding keeping him out of our rental home?

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If my husband and I are separated but not legally and asked him to leave 6 weeks ago, what are my rights regarding keeping him out of our rental home?

The situation is escalating and when I don’t agree to everything he wants he gets irate and irrational (screaming and yelling). I am worried that he is going to fly off the handle and hurt me.

Asked on December 8, 2011 under Family Law, Georgia

Answers:

David Lee / Law Offices of David Lee

Answered 9 years ago | Contributor

If you fear for your safety, are threatened or harassed, or are intimidated by your spouse, you can file a petition for Order of Protection.  In your Order of Protection, you can ask for exclusive possession of your apartment to his exclusion.  He would be permitted to remove his personal items with a police escort.  If he were to violate the terms of the order of protection, he can be charged criminally.

Keep in mind however, that the Order of Protection is not a right and you will have to file the Petition and have a hearing before a Judge. 

 

For more information on Orders of Protection, visit my website at:

http://davidleelegal.com/

David Lee


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