Q: What can be filed while dissolution of marriage is pending to allow for exclusive occupancy of the home by mom and kids?
A dissolution of marriage has been filed and the respondent has not lived in the home for 6 weeks (and had supervised visitations only with kids) due to a restraining order that was just dismissed because date of abuse was in question (not the act). On the day of the contested restraining order hearing and every day since, father has shown up at the home expecting to "come and go as he pleases" in his words. He tried to take the kids from school Friday, so we thought an ex parte motion of status quo Monday perhaps? But how to ensure he cannot come back into the house-can that be included there somehow? Mom has no legal representation yet or budget for any at this point, so we are desperately pooling our experience to try to help her through.
A: If you have not already done so, you should file a motion for order to show cause for temporary orders, including exclusive occupancy of the residence. This motion should have been filed at the time the divorce action was filed, along with a request for temporary child/spousal support. The status quo order will probably not prevent the father from coming and going to the home. You should consult with an attorney for more specific advice.
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