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If the court grants my request for an r-order what does this do for me? Heres the deal. My wife is out of town and one of her brothers shows up at my house intoxicated with no where to go. So I allowed him to stay 1 night, it was 11pm when he showed up. Anyways the next day I told him it was time to go when I got home from work. He says I have to give him 30 days notice and there is nothing I can do about it. He says if I call police he will tell them I beat him up and says he has bruises to proove it. So I called police and had them remove him from my house. The poilce said it was very close to actually needing a 30 day notice, because I allowed him in and he has nowhere to go. He keeps calling my house and I am very uncomfortable here with my 2 kids however I am scared to leave. What can I do? I live in Oregon

2006-08-19 06:45:56 · 6 answers · asked by subgenius 4 in Family & Relationships Family

6 answers

RESTRAINING ORDERS DON'T MEAN MUCH. LOCK THE DOORS, CALL THE COPS, IF HE IS NOT IN, DON'T LET HIM. HOPEFULLY HE IS NOT USING YOUR ADDRESS. HE DOESN'T LIVE THERE, AND OUT OF THE KINDNESS OF YOUR HEART YOU LET HIM CRASH 1 NIGHT, NOW IT TIME TO PUT HIM OUT ON HIS ***. BE TOUGH. SEE IF YOU CAN GET A PFA ON HIM... HIS THREATS ARE IDLE, HE DOESN'T HAVE A LEG TO STAND ON, OR A PLACE TO LIVE IN. GIVE HIM THE BOOT..

2006-08-19 06:52:26 · answer #1 · answered by mustangjeannie2000 1 · 0 0

I'd call and talk to a lawyer. I called my lawyer when I broke up with my live in girlfriend and she wouldn't move out after a month. My lawyer said that because she wasn't on the lease, I could move all of her stuff out on the street and she couldn't do anything. I believe that if you don't invite him in each time, then he's trespassing. As far as a restraining order, he has to threaten you with bodily harm or has hurt you, before you can get one. There might be stalking orders or other avenues that you can use to legally keep this guy away from you and your children. Again, the best bet is to spend the $80 and talk to an attorney.

2006-08-19 13:59:13 · answer #2 · answered by Josh P 3 · 0 0

You can go to the police station and request a restraining order. You already called them once and that will be on record. A restraining order doesn't cost anything. He has to be a threat and you have to tell them how he is a threat to you. I hope this helps and if not then I hope someone else who works for a police station can give you very good information. I feel so bad for you to have to deal with family like that. Good luck.

2006-08-19 13:55:12 · answer #3 · answered by nastaany1 7 · 0 0

I've never heard of that 30 day notice thing before, and I don't know what the laws are in Oregon. In Minnesota and everywhere else as far as I know, it doesn't cost anything to get a restraining order. That would discriminate against low income people where safety is concerned. As far as him telling the police you beat him, it doesn't make sense. I can't imagine the police arresting you for his bruises unless they saw you beating him.

2006-08-19 13:55:51 · answer #4 · answered by sherrie_66 2 · 0 0

Restraining orders are free, but you can't just go get one on anybody. You have to rove that the person abused you ant least thats the way it is here in VA. But if you put no trespassing signs up in your yard and he still comes there you can get him for trespassing. As for the phone calls tell him that you allowed him to stay there one night but can't allow it anymore and to please stop calling. If it continues then you can get him for harassment.. GOOD LUCK!!

2006-08-19 14:33:38 · answer #5 · answered by onefinedayitwillb 2 · 0 0

r orders are wierd....in order to get them you have to proove that the person physically abused you or made harsh verbal threats, or is stalking you... and stalking by the standard of the law not by the standard of a person who thinks someone has a huge crush on them and follows them....it has to be severe stuff, they are actually quite hard to get, but you might be able to prove that his intoxication and drunken actions are direct threats to your children but it is still iffy.....but if you do get one in place they are great he cant come within a set amount of feet of you and he must leave the premesis if you do come in contact. but with this being your wifes brother that might create some major problems might jsut want to talk abou tthis with family and stuff first!

2006-08-19 13:54:19 · answer #6 · answered by stiffler 2 · 0 0

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