Domestic Violence: How Can I Get my Spouse Out of Our Home?
It can be extremely difficult to get an abusive spouse to leave your family home. You will need to file a motion with the court to have it exercise its right to order your spouse to leave. This right is known as “equitable jurisdiction.” Under equitable jurisdiction, the court may, when necessary, take action that it normally would not take to protect an individual or uphold justice.
In a case where you or your child are being abused, you will need to prove to the court that the abuse occurred to have your spouse removed from your home. This, however, can often be difficult. If it is safe to do so, document all instances of abuse in any way possible. You may wish to provide witness testimony, photographs of injuries, or recordings of verbal threats.
You cannot kick your spouse out of your home without court intervention. Your home is shared property and your spouse has the same legal right to remain in the home as you have. Do not, under any circumstance, fraudulently accuse your spouse of abuse in an effort to have him or her removed from your home – if such action is discovered, it can have a negative impact on your divorce proceeding. If you are in immediate danger, get yourself out as soon as possible and get to a safe place. Once you are safe, contact a divorce attorney to discuss your options for removing your spouse from the home.
Two Options for Removing an Abusive Spouse from Your Home
If you are a victim, you have two options that can get your spouse out of your house: filing for an order of protection against him or her or petitioning to the court to remove him or her from the home.
With an order of protection, your spouse will be prohibited from contacting or coming near you. If the court determines that it is in your best interest or that of your child to remain in the family home, an order of protection can keep your spouse away.
The second option can evict your spouse from your home while you work through the divorce process if the court finds that his or her presence in the home harms or threatens you or your child. To exercise this option, you must be currently working through the divorce process, as per the Illinois Marriage and Dissolution of Marriage Act.
Family Law Attorney in Kane County
If you or your child has been the victim of domestic violence, you need to get away from your abuser. Then, contact an experienced Geneva family law attorney to learn more about your options for orders of protection or keeping your spouse out of your home. Contact our office today to schedule a consultation with a compassionate lawyer who is sensitive to the needs of domestic abuse victims.
