Using Restraining Orders To Gain Access To Marital Home

Living with a spouse you are divorcing can be awkward and tension-filled, but it’s often a necessity many men have to deal with either because of economics or the strategic edge gained by remaining in the marital home.

Until a court order is entered awarding one party exclusive possession of the marital home, both parties have an equal right to continue to reside at the residence.

Therefore, as long as there are no court orders in place, you and your wife are equally entitled to reside in the marital home.

But if your wife really wants you out of the home then it’s likely she could resort to filing a restraining order or similar order of protection to keep you out of your house even if there is no evidence to suggest a restraining order is warranted.

Unfortunately, you cannot do much to prevent your wife from filing a retraining order based on false allegations. Depending on the laws in your state regarding restraining orders or orders of protection, it may be fairly easy for your wife to get an emergency order of protection or restraining order, even before a hearing takes place.

Before a permanent order of protection or restraining order is entered, you would have the right to a hearing in front of a judge where you would be able to preset your side of the story and refute or discredit your wife’s allegations.

While you cannot prevent your wife from attempting to obtain an order of protection, you can take steps to avoid putting yourself in a situation where she may use your actions to claim that she feels in danger or threatened.

If you find yourself in a situation where your spouse is trying to incite you or provoke an argument with you, you should either remove yourself from the situation immediately or have another adult present if you foresee a confrontation arising. You need to be aware that anything you say or do can be used against you by your spouse.

You may also want to safeguard important personal possessions or documents in a location outside the marital home, in the event that your wife does obtain an order of protection against you.

If your wife does file an order of protection, you should consult a qualified mens divorce attorney in your state to give you legal advice on divorce on how to respond and how this may impact future divorce proceedings.

To schedule an appointment with a Cordell & Cordell mens divorce attorney, including Erin Brockhoff, a Belleville Divorce Lawyer, please contact Cordell & Cordell.