What are my options?

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What are my options?

I have been a stay at home mom to my three kids for the past year. Before that, I
was a school teacher, but my husband has wanted me to stay at home since he makes
alot more money now.
My husband is drunk every night has been physically, sexually, verbally
emotionally abusive to me. Lately, he has become verbally emotionally abusive
towards our kids.
I have asked him to seek counseling stop drinking to no avail. I have no job
and no access to any money as he will not put me on his bank account. Even when I
was teaching, my paycheck went into his account I had no access to it.
I do not think I should have to flee my home with my children when he is the one
with the problem. What are my options, if any, to have him removed from the home?
Thank you in advance

Asked on November 7, 2016 under Family Law, Texas

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

You have two different options.  One is to leave, go to a shelter, and then have them help you file for a divorce.  The second is to stay, hire an attorney, and have the attorney file a request for a temporary restraining order or protective order to exclude him from the home until a court date can be heard.  At a court date, you can ask the judge to order him into counselor and to set up protective measures for you and the children while the divorce is pending.
If he does great, the counseling sticks, and you feel like he has seen the error in his life choices, then you can always non-suit (dismiss) the divorce.  If he demonstrates that he is not interested in changing his pattern, then you can move forward to finalize the divorce action. 
To pay for the divorce you can see what resources are available through a shelter or a local non-profit group.  If you have access to a credit card, then you can use the credit card to pay for an attorney.  You may also want to borrow the funds, and then ask the court to allow you access to community funds to repay anyone who loans you money. 


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