ABUSED

[desert_fox 32]

I can only tell you that I only decide who is allowed to stay in MY home here in the State of Nevada. All I have to do is call the police, show them my deed, and the rest is history. If the offended party thinks they have a right to live here, they would have to have a judge tell me that. In cases of violence, its an automatic thing, to get them separated.

[diadromous mermaid 36]

I can only tell you that I only decide who is allowed to stay in MY home here in the State of Nevada. All I have to do is call the police, show them my deed, and the rest is history. If the offended party thinks they have a right to live here, they would have to have a judge tell me that. In cases of violence, its an automatic thing, to get them separated.

Including your wife? (naturally, violence aside).

[frndly1 1]

Its against the law here in Maryland. If someone has been living in your house and can show residence you will have to get a court order to put them out unless they leave on their own.

I know this from experience and I was shocked and mad as heck about it also.

against the law???...doubtul. If she is the owner, her name is on the lease, etc., she decides who can stay there and who cant. I would doubt that he is listed as co-owner, co-lesee, etc.

Restaining Order, but she would have to prove that he is abusing here.

What kind of court order? They are married and until the marriage is terminated, he has the same right as she to reside in the marital home (separate property or otherwise, if I am not mistaken, there isn't a court order, other than a divorce decree that will replace the need for a judge's or a trier of fact's decision as to property distribution and settlement.)

[M. 0]

What kind of court order? They are married and until the marriage is terminated, he has the same right as she to reside in the marital home (separate property or otherwise, if I am not mistaken, there isn't a court order, other than a divorce decree that will replace the need for a judge's or a trier of fact's decision as to property distribution and settlement.)

In the state of NJ, for example, a Domestic Violence TRO (temporary restraining order) will force the def. to find another place to reside, even if the def's name is on the lease, is married to the plaintiff, etc. That varies from state to state, but it make sense that if violence is occuring, the offending party would be forcibly removed from the house.

AND a TRO on a DV can be issued at the municipal level, without coming before a judge.

However, and this may be your confusion, a TRO or an FRO do not negate his/her right of equitable distribution in the property. The defendant in the DV case still has a right to challange, in court of course, that he has some right to the property of the marriage. However, just because a name is on a deed is no guarentee that a judge will find a 50/50 split of the marital asset.

For example, in this state, a judge may award sole ownership to the marital home if one party moves out and in with a paramour for a significant period of time, as that may be considered abandonment of the premises. Other factors, such as how much work each party did on the home, who *can prove* they paid for the home (if one party doesn't work, for example, they may not be entitled to a share of the property value, though conversely, I've seen in court wives who did not work receive 60% share of the marital home with the husband granted the right to buy out the non-working wife's share if she is not a tenant in the home.)

There are other factors as well in equitable distribution in a matrimonial case such as paramours/cohabitants, children, other assets acquired before and after the marriage, etc. Do not assume that just because your name is on a deed or title, or that an account is "joint", that you automatically are entitled to 50/50 shares. In fact, it is almost always better to settle matrimonial matters pre-trial because you are more likely to come away with what *you* perceive is your fair share.

Now, this varies from state to state, of course, so always check the State Court Rules for how your state conducts matrimonial affairs, but you'll find in many that the rules of civil litigation are different than matrimonial, which is why in some states matrimonial law is in "special civil" part.

[diadromous mermaid 36]

What kind of court order? They are married and until the marriage is terminated, he has the same right as she to reside in the marital home (separate property or otherwise, if I am not mistaken, there isn't a court order, other than a divorce decree that will replace the need for a judge's or a trier of fact's decision as to property distribution and settlement.)

In the state of NJ, for example, a Domestic Violence TRO (temporary restraining order) will force the def. to find another place to reside, even if the def's name is on the lease, is married to the plaintiff, etc. That varies from state to state, but it make sense that if violence is occuring, the offending party would be forcibly removed from the house.

AND a TRO on a DV can be issued at the municipal level, without coming before a judge.

However, and this may be your confusion, a TRO or an FRO do not negate his/her right of equitable distribution in the property. The defendant in the DV case still has a right to challange, in court of course, that he has some right to the property of the marriage. However, just because a name is on a deed is no guarentee that a judge will find a 50/50 split of the marital asset.

For example, in this state, a judge may award sole ownership to the marital home if one party moves out and in with a paramour for a significant period of time, as that may be considered abandonment of the premises. Other factors, such as how much work each party did on the home, who *can prove* they paid for the home (if one party doesn't work, for example, they may not be entitled to a share of the property value, though conversely, I've seen in court wives who did not work receive 60% share of the marital home with the husband granted the right to buy out the non-working wife's share if she is not a tenant in the home.)

There are other factors as well in equitable distribution in a matrimonial case such as paramours/cohabitants, children, other assets acquired before and after the marriage, etc. Do not assume that just because your name is on a deed or title, or that an account is "joint", that you automatically are entitled to 50/50 shares. In fact, it is almost always better to settle matrimonial matters pre-trial because you are more likely to come away with what *you* perceive is your fair share.

Now, this varies from state to state, of course, so always check the State Court Rules for how your state conducts matrimonial affairs, but you'll find in many that the rules of civil litigation are different than matrimonial, which is why in some states matrimonial law is in "special civil" part.

Your comments on equitable distribution are all well and fine, IF we are speaking of the divorce process, but that is done by a trier of fact or a judge and not a police officer. In this case, the OP has been locked out of the home and until a judge decides that he is not entitled to lie there and his wife has little right to forcibly remove him, at least in many states that is. vBut there has been no mention of domestic violence such that a TRO might be issued.

[Sheriff Uling 3]

Dude, Thats how we live in America.... What did yo expect. Our customs...

If its different and better in India..heh.well... Can you sneak to the airport?

LOL! You are out of control and definitely type 2 negative. LOL! Cheers!!!

[babybunny 2]

I CAME IN ON A K-3 VISA FROM INDIA AND AM NOW LIVING WITH MY WIFE WHO IS PUTTING ME CONSTANTLY ON HUNGER ANYTIME WE HAD AN MISUNDERSTANDING. I CAN'T WORK NOW SINCE AM YET TO APPLY FOR MY EAD. SHE PUSH ME AWAY FROM THE BED AND MAKE ME SLEEP ON THE FLOOR, LOCKS ME OUTSIDE THE HOUSE THAT I HAD TO CALL THE FATHER FOR RESCUE. EVERYBODY TELLS HER THIS IS WRONG THE TREAT ME. I CAN'T TOUCH ANYTHING IN THE HOUSE, THE TV IS LOCKED, COMPUTER DISCONNECT AND CAN'T COMMUNICATE WITH MY FAMILY ABROAD. ISN'T THIS AN ABUSE ON ME AND WHAT SHOULD I DO?

PASTIQ

there are 2 sides to every story. I was in a situation alot like this. I was the USC wife being

accused of abuse. when infact in my situation - my husband beat me. when I did not want

to be touched or do anything he would call the cops on me soo many times. so maybe I am biased.

I think there are 2 side of every story. I dont think she would go through the expense and the waiting only to treat you badly.

Read prior post for coments, this is a repeat.

http://www.visajourney.com/forums/index.ph...c=30011&hl=

HOW CAN I PROVE THIS ABUSE TO THE USCIS, THE POLICE DEPARTMENT IN MY TOWN TOLD ME TO GO GET A LAWYER.

I'm suprised that the Police would not respond to a call. Did you call them after the fact? To be put out on the street, after you've been living in a place for sufficient time to call it your residence is against the law in many states. Is this a general state of affairs, or is this something that occurs after an argument has happened? If the latter, before calling a relative, call the police. Hopefully, they will investigate. Good luck.

against the law???...doubtul. If she is the owner, her name is on the lease, etc., she decides who can stay there and who cant. I would doubt that he is listed as co-owner, co-lesee, etc.

I have to disagee fox. in states like texas you can claim residence the moment your property is in the home

it dont matter who name is on the lease. I wanted my husband OUT. they said since he has his

property there he could stay. but, if he packed all his things. then I did not have to ever let him back in..

thank god he got heated enough packed his things.. I did not have to let him in..

I don't know what state you currently live in, but check with the police and the local county courthouse -- you might be able to file a domestic violence temporary restraining order against her, then use said TRO as grounds for a divorce based on physical cruelty, for which you would not need an attorney unless she contests it and wants to take the matter to trial.

If granted such a divorce, the grounds would be evidence toward showing you did not come here to commit visa/marriage fraud, and the TRO would be enough with the new IMBRA policy to keep her from marrying another immigrant.

Remember, that's all "mights" and "coulds" and hypotheticals. Call your local courthouse first -- that's a good starting off point. Also, depending on the state you reside in, you may be able to get an attorney to represent you for free and have filing fees waived if you do not have your GC or Temp. Work Permit and therefore have no means of self-support.

yeah I agree..

OP- that means you gotta leave the residence anyways coz of the restraining order