Need advice about leaving


#1

I have been married for just over two years. In that time my husband has used illegal drugs, hit me, and failed to pay his share of our household bills. We are currently renting a home from a family member of mine. Since the house isnt in either of our names and there is no rental agreement can he be kicked out? Also, I did call the police the last time he hit me, I did not press charges but the police did come and take statements from each of us. I also have pictures of some of the abuse and witnesses who saw other bruises. He had threatened to press charges against me because trying to get away from him I scratched him on his face. However, I have saved text messages were he states that he wished he had covered himself by pressing charges. I have asked him to leave before and he wouldnt, what else can I do to make him leave so we can begin the 1 year count down to end this hellish nightmare. Also, if he were to press charges against me do you think my evidence would be enough to prove self defense or press charges against him in return?


#2

The rental home is the martial residence no matter whose name is on the lease, or if there is no lease. If your husband has been abusive you should seek a domestic violence restraining order to ensure your safety. If court issues an order the judge will have the discretion of awarding you the right to exclusive possession of the residence and order that he stay away.
I suggest that you take action to protect yourself immediately, the evidence you have retained regarding the abuse will be useful to prove your case. The clerk’s office in your county courthouse will have a packet of instructions containing all the information you need to seek a protective order.