His adult daugthers moved in during divorce; Can I get them out of our home?

[divorcesurprise]

My husband had (surprise) divorce papers served on me. He became combative, hollering/cursing, etc. I was terrified and called the Sheriff. He left for the night but returned the next day with his two adult daughters (ages 36 and 55); the young one is very hostile towards me & fuels the already toxic frightening environment as pay-back for calling the Sheriff on him. It was 3 against 1, so out of fear, I left home and got a hotel rm. I filed for a protective order and the hearing was tomorrow, but I just learned his atty got my protective order hearing postponed for 2 more weeks. I cannot afford to live in a hotel for another 2 weeks and I'm forced to return home (or be homeless). Considering the protective order paperwork lists my fear of him and his daughters and the hostile environment his daughters create, can I legally ask him to remove his daughters from our home during the divorce period, considering I feel threatened and, if he doesn't, can I call the Sheriff to escort them from the home? Also, he has allowed the 36 yr old to have my room, sleep in my bed, use my bathroom and she helps herself going through my stuff.

 

[army judge]

You abandoned the home by voluntarily leaving.
If you felt threatened, you should have called the police.
If your allegations of domestic violence were true, the police would have arrested him.
Your action of leaving has potentially damaged your position.
I suggest you speak with a lawyer.

No, you can't evict his daughters.
They are guests.
If you want them out, you need to file a legal eviction action.
That, however, won't go very far; unless you can prove they've physically attacked you.

You desperately need to speak with an attorney.
He has one.
You need one, too, if you want a level playing field.

 

[divorcesurprise]

... If your allegations of domestic violence were true, the police would have arrested him...

The violent behavior is true, though he never laid a hand on me. The officer asked if he had hit me and I told them, no, he didn't.

By "combative" I mean he was beligerant, inciting an argument, and wanting to get into a fight.

He had me walking on eggshells for fear of saying or doing anything to upset him. After several hours of silence, en route to the kitchen, I responded to a statement on TV ("You must learn to trust") ... I said a total of 4 words that evening ("I must learn trust?") -- not even talking to him, but just talking. He started hollering at me then charged toward me; I cowered. He is bigger than me, but came down face-to-face, chest-to-chest, screaming and cursing me, and threatening me to not say another word. Then said he was calling his young daugther to come "fix" me, "she's going to fix this my way", etc. I was terrified of both him and the prospect of what his daughter would do to fix it his way, so I called the Sheriff. The Sheriff said someone must leave. I said I would and as I turned to pack a bag, he then volunteered to leave instead. He spent the night at his daugther's house and there was peace at home, for the night.

They probably didn't arrest him because he didn't physically hurt me, though emotionally and psychologically I was beaten down and ready to leave the home.

I don't think they consider emotional or psychological damage, only physical.

 

[army judge]

Domestic abuse involves offensive physical contact.

Yelling, shouting, screaming, and cursing aren't considered to be domestic abuse.

 

[charlilangridge]

You need to get an attorney. This should make sure that your rights are preserved. Your situation is hard speaking to an attorney can guide you along the way.