Just wanted to add to the experiences in NY - yes, you can't kick your spouse out but you can play dirty(ish) in order to protect yourself and your kids. Call the police if he drives drunk. The cops all get domestic violence training - if he punches a hole in the wall you can call them and tell them he was threatening you and your child and you're afraid of him. They will have a man-to-man with him.
Try for an order of protection - then he can't come near you which means he can't come home.
I know this all seems very dramatic and maybe you'll never need to go there (please Lord) but just store it in your noodle in case you need it.
Cops are often macho men who don't approve of wussy men who like to scare women and children. Let them know you are not the yo-yo type who is going to have him back in two days and they will help you.