Full question:
i have a friend his wife left him 7 months ago for another man. they were married 24 yrs. she comes to their house where he is living early morning hours and raises alot of commotion. and threatens me bodily harm if i am there. the house and land is in their name together, he has stayed there since she left, and she has lived with this other man. for 7 months. is there anything he can do about this
- Category: Restraining Order
- Date:
- State: Mississippi
Answer:
A spouse generally cannot be denied access to the marital home without a court order. If your friend is facing harassment from his wife, he may seek a restraining order. This is a court document that can protect him from further harassment or threats.
A restraining order can be issued if there is evidence of abuse or threats, as defined under Mississippi law. The law states that abuse includes acts such as causing bodily injury or placing someone in fear of serious bodily injury (Miss. Code Ann. § 93-21-3).
Your friend can file a petition for a domestic abuse protection order in municipal, justice, county, or chancery court. This petition must detail the abuse and request specific relief, such as prohibiting the wife from coming near him or the home. The court will prioritize these cases and can provide expedited hearings (Miss. Code Ann. § 93-21-7).
If the court finds sufficient evidence of abuse, it may issue a temporary order to protect your friend and limit the wife's access to the home. This order can last for a specified period and may be extended based on further hearings (Miss. Code Ann. § 93-21-15).
Your friend should consider consulting with a legal professional to assist with the process of obtaining a restraining order and to understand his rights regarding the marital property.
This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.