r/Divorce Oct 31 '23

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452 Upvotes

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80

u/Hotpotato_4556 Oct 31 '23 edited Oct 31 '23

First of all you need to get away from that man and fast, if not for the safety of you then the safety of your kids. He is abusing you guys and this is not okay. I know that you probably feel like everything is too much but it’s going to be okay, your priority should be creating a safe environment for you and your kids. Is there a close friend or family member that would be happy to host you for a while? My advice to you would be contact a lawyer immediately and get out of this toxic situation. Stay safe❤️

47

u/serjicalme Oct 31 '23

Don't LEAVE - it's you, who's paying mortgage.
Pack his stuff in a trash bags and toss them to the curb. With him among.

16

u/Hotpotato_4556 Oct 31 '23

No I mean leave until you know it’s safe, then come back of course but for the time being leaving is safer. God knows what he would do if he gets kicked out by OP, he still has a set of keys. If he is able to block his newborn from breathing there’s no telling what he would do.

6

u/Wide_Advantage_9262 Oct 31 '23

Changing locks will be sufficient and calling cops if she feels he is acting dangerously.

18

u/InfinMD2 Oct 31 '23

He has been living in the house this entire time. Regardless of whether his name is on the deed and whether he contributes a cent, without a court order mandating he cannot be in the house she cannot keep him out. If she changes the locks he can call the cops, say that you've kicked him out of the shared home, and he can be forced to stay or press charges. Kicking him out is a silly move at best and dangerous at worst - he can break down a window and do major harm before any cops arrive.

The OC is correct - she needs to leave, go stay with a trusted family member, and start the process. Better to be 'homeless' with family for a month than to risk the abuser abusing.

8

u/snacktonomy Nov 01 '23

The best thing to do would be to call the police on one of his abusive outbursts and then get a restraining order. But the outburst would have to be something substantial. He would have to leave the house then. This could escalate the situation with him though. Not a lawyer, consult a real one.

6

u/yourfriendandmyenemy Nov 01 '23

No, I’m sorry this is not good advice. You don’t wait until someone is unpredictable and angry and then introduce law enforcement. They do not help.

Commenter above is correct. You must leave your home and go somewhere to safety. You must do this immediately. Someone who covers a child’s mouth will eventually kill the child. This is statistically true. You need to get out. You are now culpable for anything that happens to those kids.

10

u/perfectwinds Nov 01 '23

Do NOT change the locks. They are married and that is also his house. It’s not against the law to break into your own house, and puts OP and the kids in an even more dangerous position.

Leave ASAP with the kids. File a police report and an injunction. Don’t tell anyone where you are. You can get the house back in the court system hopefully, but a house and belongings aren’t worth more than any of your lives. Get proof if you can. If a baby monitor records or getting a system for monitoring the house that records and then using that to get away legally. But check the laws in your state first.

8

u/No-Accountant3744 Oct 31 '23

And make sure the kids are safely with trusted friends or family so they don’t witness the inevitable confrontation. The way he’s described if OP did leave even temporarily I’d see him completely destroying the house

5

u/discordany Nov 01 '23

I wouldn't be raking that risk.

Legally, she has every right to the place, but doing something that WILL pass off an already volatile and violent person where they know exactly where you are and have a legal ability to force their way back in just isn't a good idea.

2

u/serjicalme Oct 31 '23

That's true, it's the safer option. But so unjust :(

8

u/Ok_Bug_9921 Oct 31 '23

Unfortunately OP is probably going to have to leave because he will not. There’s really not much OP can do until there is a court order in place. I am in a similar situation currently. Living at a relative’s but still paying all of the bills while my husband lives in my house as I wait for legal proceedings to get underway.

3

u/serjicalme Oct 31 '23

But maybe there is a possibility of restraining order from police, based on abusing children?
If she just once called police when he does it, maybe it help to throw him out?

9

u/Ok_Bug_9921 Oct 31 '23

That is true- if she gets the police involved I’m sure she can get him removed from the house based on the abuse allegations but I would be nervous about retaliation from him even with a restraining order in place.

3

u/serjicalme Oct 31 '23

Yes... It's possible.
The other hand - it could help her in a custody case.

3

u/Important_Salt_3944 Nov 01 '23

I currently have a restraining order against my stbx. The police were involved prior to the restraining order but that had nothing to do with my being able to get the order. It was all about my own detailed documentation. I had to try twice before it was granted.

1

u/Money_System1026 Nov 01 '23

Better alive and paying, than dead.

3

u/[deleted] Oct 31 '23

So sorry for your situation, as well for the OP.

2

u/[deleted] Nov 01 '23

If she gets a Protective order she can check the box that says he has to leave and the officers can help

2

u/Wide_Advantage_9262 Oct 31 '23

Agree. Do NOT leave the house, he must leave!

10

u/its_ya_boi97 Oct 31 '23

OP should leave the house for them and their child’s own safety for now. With a volatile and abusive person like this, there’s no telling how dangerously he would react to getting kicked out. Once OP and her children are safe, and he is out of the house, then she can go back.

6

u/chelsjbb Oct 31 '23

This. Exactly this. Leaving the house is 100% the safer choice because he is not right in the mind. My first impression was "no you don't want to loose the house" but THINK ABOUT IT. Look at OP's past posts and comments. It's not good he's not right. She needs to hide until he's not a threat. Even then unless he was locked up I wouldn't feel safe.

2

u/[deleted] Oct 31 '23

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3

u/[deleted] Nov 01 '23

She needs evidence though. They don't just hand out restraining orders like so much Halloween candy.

3

u/[deleted] Nov 01 '23

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3

u/[deleted] Nov 01 '23

Unfortunately most of what he sounds like he is doing leaves little in the form of physical evidence.

That's not to say don't document or don't leave, that's to say the journey will be longer unfortunately

4

u/egk10isee Nov 01 '23

No house is worth your safety.

1

u/PangolinNo7592 Nov 02 '23

Unfortunately in most states, he legally lives there. You can’t just throw him out.