Q: Can she kick me and my son out of our house if she doesnt want me there? Are there any laws regarding minors? I have never been violent towards her. Can she get a restraining order and if so what happens to my son?
A: David’s Answer: Generally one cannot be removed from a marital residence absent court order. That said, orders of protection cover conduct which may not be “violent” but may be “harassing,” etc. Additionally, she may petition the court for an order of exclusive occupancy of the marital residence. You’re best advised to schedule a consult with an Orange/Westchester Family Law attorney for a full assessment.