When you encounter problems with your domestic partner, from emotional to even physical abuse, you may wonder what steps to take to evict or remove him from your home. Because of the nature of your relationship, a proceeding under landlord and tenant law typically will not suffice. You must look to the provisions of family law statutes in your state to accomplish the task of removing your domestic partner from the residence, according to the American Bar Association Section of Family Law.
Family law statutes regarding a restraining order function to allow you the legal ability to remove someone from your home who is your intimate partner, according to FindLaw. The underlying purpose of these laws is to protect you from harassment or abuse at the hands of a domestic partner, and to permit the residence to be set aside to you.
Family law statutes pertaining to the removal of a domestic partner from your home allow you to seek an emergency, temporary order. Through an emergency order, the court decrees that a domestic partner must vacate the premises immediately. Law enforcement will assist in the process of evicting the domestic partner from your home.
Before seeking a formal order to evict a domestic partner from your home, consider whether you and your significant other can reach an agreement regarding possession of the home. If you can reach a settlement, you can enter into an agreement outlining the manner in which your domestic partner will leave the premises.
The most common misconception about removing a domestic partner from your home is that you must use landlord and tenant laws. This includes the mistaken belief that you need to serve an eviction notice on your domestic partner before filing a lawsuit. No such preliminary notice is required, and you can move directly to filing for a restraining order.
Pursuing an eviction of your domestic partner represents what might be a legally complex and emotionally challenging endeavor. Consider retaining the services of an attorney to represent you in the process. The American Bar Association maintains resources designed to aid you in identifying and hiring a suitable lawyer to assist you in removing a domestic partner from your home.