Q: I have been cohabiting with my fiancé with my kids for 3 yrs. He abused me now wants me out of our home. Filed a PO.
Can he kick me out?! He pays my car payment and tells me he’s not allowing me to take anything. Do I have any legal rights?
A: My question to you is who owns the home, and what time of home is it? Also, it sounds like leaving is the best thing to do. Usually in the initial protective order, called an ex parte protective order, there is a "kick-out" order, kicking the abuser out until the hearing.
Kiele Linroth Pace agrees with this answer
A: A home owner normally has to file a formal eviction lawsuit to compel an unwanted resident to move out, even if they don't have a lease. When justified, a protective order can accomplish the same goal and it can potentially happen much faster than an eviction. A non-owner resident is sometimes granted a temporary ex parte protective order that excludes the owner from returning home, but this situation is typically fixed during the litigation for the permanent order or 2-year order.
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