Q: Family law
How to get divorce from abusing , controlling husband and stay in my own house with my children .
A: Section 741.30 of the Florida Statutes allows you to seek an injunction to protect yourself from domestic violence. If approved, it may allow you to stay in the house and keep him away from you and the house. You should research this Statute and confer with your local attorney.
If you are a victim of domestic violence you can seek an injunction for protection against domestic violence. In order to file the case, you would first get your evidence together (photos of injuries, videos of fights, etc) and then go to the clerks office in the county where you reside. There the clerk will assist you with filling out the paperwork for the injunction. Once filed the paperwork gets sent to a judge for review and if the court finds there is enough there for a possible injunction the court will either enter a temporary injunction and set the case for hearing, or just set a hearing without a temporary injunction. The hearing is going to be your "trial" and that is when you will be required to present your evidence and witnesses for the court to determine whether an injunction should be entered on a more permanent basis.
In addition, you can file for your divorce and in the paperwork make sure to ask for exclusive use and possession of your marital home. Once the divorce is filed file a separate motion for temporary relief asking for what you need on a temporary basis which would include exclusive use of the home. If the court grants the request he will be required to leave.
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