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Bouldin Law Firm
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Do I Have to Move Out of My Home?

If you are beginning the divorce, there is generally no requirement that either party vacate the home. The exceptions to this are: (1) if a court orders one party to vacate or (2) if an officer mandates that you leave. The second option may sound very unfair (and it is) but I advise both my domestic and criminal law clients that you will seldom, if ever, win an argument with an officer at the time of an incident. Generally, if there is an incident giving rise to the police being summoned to your house, the officer will often take action. They may suggest that one party leave. If both refuse, then they are in the position to either leave the parties together in a volatile situation or physically remove one party. If there had been violence or threats, often this removal involves one party going to jail for the evening. The other exception, court orders, is unlikely through a family court relating to your divorce but may be much more likely if one party files for an Emergency Order of Protection (EPO). If there is an allegation of domestic violence or threats of domestic violence, the Court has jurisdiction to issue an ex parte Order of protection. Ex Parte is a term that means the court makes a decision after hearing from one of the parties and is often based on a written allegation of only one party. This Order often includes no contact provisions as well as removal of the "offending" party from the marital residence. These EPOs are in place for up to 14 days, during which the parties are required to return to court to determine if a more permanent order will be issued. If you have been served with an EPO, you should hire an experienced family law attorney before your hearing. This hearing will establish the base line for the divorce and may significantly curtail your legal rights. If issued, you will lose the right to own or possession a firearm, likely lose the right to live in or even go to your home and may lose rights relating to having communication with others (wife, children or other family members). Often, this establishes living rights as well as temporary custody and possibly support issues. If you are beginning a divorce, know your rights. If you have been served with papers for EPO, divorce or even been asked to leave by your spouse, contact an experienced domestic/family law attorney who regularly practices in the county you live. For consultation in Northern Kentucky, call Michael Bouldin at 581-MIKE or email at [email protected] You may schedule an appointment by calling 859-581-6453 and speaking with Mike or Emily.

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