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#227762 - 11/06/09 06:14 PM Court Order to Have father out of the house
running_the_race Offline
Member

Registered: 11/05/09
Posts: 6
Can my soon to be ex-wife file to have me removed from my own house? In california- what is the requirement? Or how can she do that? Just an FYI- I have no history of domestic violence. How do I protect myself from her kicking me out?


Edited by running_the_race (11/06/09 06:29 PM)

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#227775 - 11/07/09 03:47 AM Re: Court Order to Have father out of the house [Re: running_the_race]
Tali_Llama Offline
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Registered: 06/17/03
Posts: 6740
Loc: S. California
Oh sure - and here's the hardest thing: All she has to do is basically show an emotion: Fear.

My cousin's ex wife did just that - had him removed from his home without any cause whatsoever. She claimed that she was afraid of his gun. However, once attornies were quickly involved - the case was reversed in about 2 weeks. She testified that not only did refrain from ever threatening her, but that she had the keys to the gun and the ammo case that were kept on the top shelf.

Later, she accused my cousin and his aunt of molestation - completely unfounded, then had her lawyer videotape the children claiming they molested each other. After a G.A.L. (Guardian Ad Litem, lawyer for the kids) was appointed, the GAL found out that the kids (ages 5 to 8) were promised gifts, and threatened to never see their mommy again if they didn't lie on camera about the molestation.

The judge, a woman, became so angry over the lying, that she limited the mother's custody rights to 1 hour of supervised visitation per week. However, without attornies, it could've gone the other way.
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