I'm 33 weeks pregnant. I filed a restraining order against my husband. He's now filed a motion for me to vacate the marital property. We go to court in 2 weeks. At this time i'll be very close to my due date. What are my rights?
2007-07-21 11:57:41 · 5 answers · asked by Anonymous in Family & Relationships ➔ Marriage & Divorce
Go to court date. The judge will see you, deny his motion, and get REALLY pissed at him.
2007-07-21 12:01:47 · answer #1 · answered by OC 7 · 2⤊ 0⤋
He is just screwing with you. I don't know what state you are in, but it is likely that your restraining order says you get to stay in the house at least until the hearing on the permanent order.
I agree with the others; you probably won't have to leave, but you never know what judge you will pull. Call your attorney, your advocate, the state's attorney's office or whoever helped you with the restraining order.
I know it's over the weekend and you're stressing out about it. I would be too. The local domestic violence shelter should be open 24 - 7. Why don't you give them a call? They can probably answer your questions.
If you haven't already, it would be a good idea to contact them anyway. They can give you valuable advice and assistance, like a safety plan and/or a safer place to stay. Remember that the order is just a piece of paper. It can't stop him. It's a good idea to have a backup plan.
Hang in there and take care of yourself and the baby! I'll be praying for you both.
2007-07-21 13:41:24 · answer #2 · answered by MollyUSA 2 · 0⤊ 0⤋
Chances are due to the baby close by, the motion to vacate will be squashed as you and the babby need a place to stay unless other arrangements agreeable to the courts are brought forth
2007-07-21 12:44:54 · answer #3 · answered by Arthur W 7 · 1⤊ 0⤋
He filed before you and against you. Even if you are in the hospital the day of court you will be a no show and he will get his way. You need to get a lawyer now to show up in court for you if you are in the hospital.This way the judge may change the court date and may ask for him to leave the house and not you. If you don't get a lawyer this will not be in your favor.
2007-07-21 14:17:13 · answer #4 · answered by ? 3 · 0⤊ 0⤋
he cannot force you to vacate
you share a residence together
you have established it there
if anything you can file on him and force him to vacate
since you have the restraining order
but keep in mind restraining orders are paper tigers
they are complete worthless if he has bad intent
so unless you keep a loaded 357 near by and know how to shoot it
caution on how much you may stir up his anger
there have been plenty of women killed and all of them had restraining orders against BF/ Husbands
2007-07-21 12:07:40 · answer #5 · answered by Anonymous · 1⤊ 0⤋