I plan on asking my boyfriend to move out. Financially and b/c of his past criminal hx he is unable to be self supporting.My boyfriend has been physically abusive once last summer, and continues to be emotionally abusive (I am sure he wil get this way when I tell him I don't want to be with him). I am scared of his reaction if I throw his stuff out or tell him to leave b/c he has refused to leave before. I do not want to involve the police b/c they can only ask him to leave we also have a child together which will complicate things even further if there is a restraing order. What is the best way to go about getting him to leave quickly with the least amount of drama (I have no men in my family for back up). What should or can I do?
2006-09-07 09:17:26 · 4 answers · asked by nene 3 in Politics & Government ➔ Law Enforcement & Police
I think it depends on the state you live in but I want to say you have to give him 30 days written (make a copy) notice of eviction.
If he is violent, I would call the police to see how to handle it or go to the police station to talk to them. Especially since you know he can be violent.
I reread your question and realized you have a child together. Boy are you up the creek.
Get the police involved in the eviction.
Get to court and get the child support in effect promptly.
You have many years you will have to deal with this person. And you want witnesses if there is to be trouble.
I don't think legally you can throw out his things if he has lived with you some length of time or if his name is on the lease.
Good Luck. I don't envy you. And don't get involved with another loser.
2006-09-07 09:32:19 · answer #1 · answered by ? 7 · 0⤊ 0⤋
If you file for a restraining order, he will have to leave right away. You cannot toss his stuff out. He will be allowed to pick it up with the police present.
If you don't want to go the restraining order route, you will have to give proper notice according to the laws in your state (I assume it is your name only on the lease) and then file for eviction if he does not leave of his own accord.
If his name is on the lease, you are stuck and it will probably be you who has to move. He doesn't have to go anywhere without a court order.
Whatever you do, do not toss his stuff out. You will get sued. Our office just got a $14,000 judgment in favor of a guy whose girlfriend decided to lock him out and toss out all of his stuff.
The obvious thing in your situation would be for you to leave. You don't need his permission and he certainly can't stop you. If you do leave, make sure your landlord agrees in writing to remove and release you from the lease.
2006-09-07 16:32:56 · answer #2 · answered by BoomChikkaBoom 6 · 0⤊ 0⤋
I dont know,When my daughter lived with me we had problems and I called a magastrate.I was told if she didnt pay rent put her stuff out when she leaves and not to let her back in. she said i didnt need a eviction notice if she doesnt pay anything but the police said the magistare didnt know what she was talking about that i would need to have her evicted.so who are you to believe?Things worked out for us and i hope it does for you also.
2006-09-07 23:49:44 · answer #3 · answered by skyler 3 · 0⤊ 0⤋
Do you have a contract with him? It sounds more like you need a restraining order to me.
2006-09-07 17:32:59 · answer #4 · answered by Lady J 4 · 0⤊ 0⤋