Eviction


#1

Last year my spouse was evicted due to domestic violence. The judge order he do not return to the house for a year. During this year, I allow my pastor & church members to convince me to work it out with him since he’s getting counseling. the marriage is not working and I wanted to know can I tell him to leave before the year is out or do I have to wait until the year is over. And if I have to wait until the year is over, do I have to get papers serve for a legal separation.

I was told if I tell him to leave before the year is over, he can tell the judge that i allow him to come back and we both can be jailed because we went again the orders. Everything at the house is in my name, etc.


#2

DVPOs specifically state that you cannot give the defendant permission to violate them. While the order is still in effect, your spouse can argue that you truly are not fearful based on your actions if you were to try and enforce the order.

There are no papers required to show legal separation; you are legally separated once you begin living separate and apart with the intent to remain living separate and apart.