AR15.Com Archives
 Getting "Thrown out?"
Firebird69  [Team Member]
2/7/2012 9:15:53 PM
Although it has never happened to me personally I want to know what being "thrown out" by your spouse really entails.

Is it possible for a wife to tell you to get out of your own home that you legally have to? No bad stuff but her mood, can you be forced to seek shelter elsewhere?

How does this work in Texas?
Paid Advertisement
--
StealthCRF  [Member]
2/7/2012 9:19:12 PM
No, but if you don't she'll start hitting herself and then call the cops on you.

bear84  [Team Member]
2/7/2012 9:20:50 PM
In Texas, once you've established residence, you cannot be kicked out by anyone. You can be asked to leave by LEO and return when things calm down, and if you're not actually married, you can be evicted through the court process. If you're married, and your wife says GTFO, you don't have to leave. Just like getting locked out of your house by your spouse, break the window to get back in, only think that'll happen is you having to replace your window.
MSB2199  [Team Member]
2/7/2012 9:24:26 PM
She cannot legally throw you out without some sort of intervention by a court. i.e. Protective order, divorce decree, legal separation. Likewise the police cannot make you leave your own home either. They can arrest you if they have a legit charge but they can't evict you. They might, however, suggest you leave for the night. It would be your decision. hypothetically, if your wife wanted to throw you out then you might want to take a long look at your situation and decide if it was worth staying.
NAK  [Team Member]
2/7/2012 10:17:57 PM
My lawyers first comment was "don't move out, even for a weekend." She cannot throw you out without getting a judge involved but if you leave, even for a short term, she may be able to keep you out.

Talk to a lawyer!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!!
alias2  [Member]
2/7/2012 10:54:55 PM
Originally Posted By StealthCRF:
No, but if you don't she'll start hitting herself and then call the cops on you.



This. Although some of the more vain ones will first threaten to give themselves a wifebeating before they actually go hands on.

Tboy  [Member]
2/7/2012 10:56:34 PM
If you are in that stage of marriage, staying is only counter productive.
Recon_by_Fire  [Member]
2/8/2012 9:43:55 AM
Originally Posted By Tboy:
If you are in that stage of marriage, staying is only counter productive.


Worse legal advice you could get!


If she wants you to leave, you have no idea if this is moving to divorce so don't make any assumptions. She cannot evict you from your own home, if you voluntarily leave it has legal impacts down the road. But you can be made to leave if she files for divorce and you get served with a citation and TRO (temporary restraining order). Even in cases where there is no abuse it is a common tactic to claim abuse and they get that TRO pretty much by default. You could get ordered to not return to your residence, not call, not have any contact, not take money out of bank, etc... I've seen some pretty stupid TRO's thrown on guys who absolutely did not deserve it.

Protecting YOUR rights starts with YOU.
Centuryhouse  [Member]
2/8/2012 9:52:30 AM
Originally Posted By StealthCRF:
No, but if you don't she'll start hitting herself and then call the cops on you.



I've seen the cops tell the husband to leave & come back, even when there was no violence or complaint of violence. Wife calls cops (or neighbors after loud arguing was reported), cops arrive and tell man to leave.

As was said, you leaving the house can be construed in court as 'abandonment' and have repercussions later.
Bitmap  [Member]
2/8/2012 10:21:03 AM
Originally Posted By Centuryhouse:
Originally Posted By StealthCRF:
No, but if you don't she'll start hitting herself and then call the cops on you.



I've seen the cops tell the husband to leave & come back, even when there was no violence or complaint of violence. Wife calls cops (or neighbors after loud arguing was reported), cops arrive and tell man to leave.

As was said, you leaving the house can be construed in court as 'abandonment' and have repercussions later.


In this case could the LEOs get in trouble for giving legal advice when they aren't lawyers?

alias2  [Member]
2/8/2012 10:35:38 AM
Eat a pot of homemade beans, I'll email you the recipe, and download porn all night. She'll pack up and leave.


These situations can get serious. I had a buddy who's common law wife and he were on the split and she left and later claimed he assaulted her. APD came in and the first thing they did was ask if there were any 'weapons' in the house and then with a warrant made him open his safe and confiscated all of his guns and ammo which was a long list. Then they arrested him. It took well over a year and lots of lawyer money to get his guns back and he said the never got them all back.

I had another friend who was going throuh a di vorce and even though the wife got a restraining order on him she came to his house and claimed he assaulted her.
She assaulted herself by scratching her arm in places with a big diamond ring she was wearing on the opposite hand. I ask his lawyer, what arm was the only one scratched, what hand did she have the ring on? You figure it out. He ended up having to go to some anger management class and paid a buttload of money.

Then theres the friend who's X chased him down the driveway in her SUV and crashed it through his double front doors and into his fireplace...
MSB2199  [Team Member]
2/8/2012 12:10:19 PM
Originally Posted By Bitmap:
Originally Posted By Centuryhouse:
Originally Posted By StealthCRF:
No, but if you don't she'll start hitting herself and then call the cops on you.



I've seen the cops tell the husband to leave & come back, even when there was no violence or complaint of violence. Wife calls cops (or neighbors after loud arguing was reported), cops arrive and tell man to leave.

As was said, you leaving the house can be construed in court as 'abandonment' and have repercussions later.


In this case could the LEOs get in trouble for giving legal advice when they aren't lawyers?



I don't think they are giving legal advice so, no, they wouldn't get in trouble unless they force the man to leave without cause. That could get them jammed up. As a police officer I would advise anyone in this situation to understand your rights thoroughly and don't let yourself be bullied into leaving your own home. Understand that officers get a lot of scrutiny and second guessing anyway but it can be particularly intense in family calls. Also understand that many departments have mandatory arrest policies for family violence. In other words, if someone got hurt, someone is going to jaiil. I have seen women work the system by claiiming or faking injuries.

If you feel like you are in a precarious situation with your spouse you should find an attorney for advice. If your marriage has gone south there are things you can do to protect yourself ahead of time so you don't get completely raped in court if it gets there.
TxSgt1911  [Team Member]
2/8/2012 12:41:45 PM
Originally Posted By Bitmap:
Originally Posted By Centuryhouse:
Originally Posted By StealthCRF:
No, but if you don't she'll start hitting herself and then call the cops on you.



I've seen the cops tell the husband to leave & come back, even when there was no violence or complaint of violence. Wife calls cops (or neighbors after loud arguing was reported), cops arrive and tell man to leave.

As was said, you leaving the house can be construed in court as 'abandonment' and have repercussions later.


In this case could the LEOs get in trouble for giving legal advice when they aren't lawyers?



No, because that is not legal advice.
Tboy  [Member]
2/8/2012 4:11:54 PM
Originally Posted By Recon_by_Fire:
Originally Posted By Tboy:
If you are in that stage of marriage, staying is only counter productive.


Worse legal advice you could get!


If she wants you to leave, you have no idea if this is moving to divorce so don't make any assumptions. She cannot evict you from your own home, if you voluntarily leave it has legal impacts down the road. But you can be made to leave if she files for divorce and you get served with a citation and TRO (temporary restraining order). Even in cases where there is no abuse it is a common tactic to claim abuse and they get that TRO pretty much by default. You could get ordered to not return to your residence, not call, not have any contact, not take money out of bank, etc... I've seen some pretty stupid TRO's thrown on guys who absolutely did not deserve it.

Protecting YOUR rights starts with YOU.


Not intended as Legal Advice (not a lawyer), just common sense and potential safety issue, especially if children are involved. Also, for some of us going through a divorce, public forums are probably not the best place to discuss specifics.
AR_Cowboy  [Member]
2/8/2012 8:46:12 PM
I have been through this and from my personal experience, if you leave, anything you leave behind is history. Possession really is 9/10 of the law, and the courts don't care about your personal property. If it gets so bad that you know it's going to end, have a plan and don't leave home without all your stuff.
SC-Texas  [Team Member]
2/9/2012 12:41:31 AM
Originally Posted By AR_Cowboy:
I have been through this and from my personal experience, if you leave, anything you leave behind is history. Possession really is 9/10 of the law, and the courts don't care about your personal property. If it gets so bad that you know it's going to end, have a plan and don't leave home without all your stuff.


What he said.
Paid Advertisement
--