To do so, she'd have to set a few wheels in motion, many of which are easily done:
- Evidence of abuse; witnesses to verify, like a former nanny or Aaron or a kid or two
- Perhaps a sealed restraining order that she'd obtain today or yesterday
- Evidence that she's sober and he is not (cough cough - WHIPPETS!)
- A good family court attorney, like the one who represented her in the CPS case
- Proof that she's married to a FELON and her record is clean (check)
- Maybe a few therapists or CPS workers who will back her up
- A story of him leaving for Vegas to party/drug/fuck
And before Swole swoops in with the letter of the law, judges commonly adjudicate domicile issues when couples cannot live together, particularly when "abuse" is occurring and kids are involved. They try to keep kids in their homes with the more responsible parent.