Ok the first is my brothers ex girlfriend has been living in my brothers house even though her name is no where on the deed. She has no legal rights to live their but the judge says she does. Before I go on this is in Vermont in orleans county. She has stolen my brothers things and sold them for her drug habbit. He is not allowed to be in his house with her there. It must add up to thousands that she has taken on top of destroying his house and starving his two dogs and puppies. My brother has temp costody of their two children but the judge order that he is not allowed to report brusies or abuse. She is beating my 4 yr niece and is also expoxing her to her sexual acts. The state troopers and the state is letting her do this on top of driving with out a license. She has also commited fraud on her other child by using her name and running bad credit. She has no legal birth cetificate or social securiety card. Now if these was my brother doing these things it would be different.
2007-01-30 04:50:22 · 4 answers · asked by Purple_Freak_Faery 2 in Politics & Government ➔ Law & Ethics
1st issue: If your bother and the girl friend have children together, then in most states, that is considered a common-law marriage. Her name would not have to be on the deed for her to have a right to live there. You state the judge said she did have a right to live there.
2nd issue: abuse of children. Call your state's child protective services and report what you know. They will do an investigation as required by law. If they feel that the children are in danger, they will remove the children from the home. They will either be placed in foster care or with a relative.
3rd issue: If she has obtained credit in a minor's name, using the minor's SSN, this can be reported to your local law enforcement. They will investigate and if they believe it warrants an arrest, she will be placed in custody and the legal system will take it's course.
4th issue: You can report her abuse of the animals to your local animal control office. They will investigate and if they deem it necessary, remove the animals. If the abuse is bad enough, animal cruelty charges can be brought against her.
5th issue: Drug use will get her arrested if the police find her in possession. They will not attempt to get a search warrant for a user, just a dealer.
I think that covers your issues.
2007-01-30 05:27:35 · answer #1 · answered by c.s. 4 · 0⤊ 0⤋
What advice do you need?
I'm not a lawyer, but there are a few very clear things.
First, why is the ex-GF living in the house? If she's not on the deed, then she has no right to be there. The owner of the property, presumably your brother can and should evict her. He should get a lawyer to serve the eviction notice, to avoid any issues.
If he knows she's there, asks her to leave, but does nothing to further it, she could gain ownership by averse possession ("squatting"). There are very specific requirements ("open" and "hostile" being two key words).
The key seems to be that a judge has ordered your brother to allow her to stay in his house. Your brother needs to make sure that he's read and understand (with a lawyer's help, if necessary) the judge's orders. I cannot imagine any judge ordering someone to allow another person to use their house.
I'm guessing that this woman has a restraining order against your brother. Why? Was she able to demonstrate, in a court of law, that he was a danger to her? Is he? What did she claim he did that would warrant a restraining order? What evidence did she present?
I'm even more puzzled by the fact that a judge has ordered that your brother cannot report child abuse (by the ex). No judge would put a "gag" on someone (especially in cases of child abuse) unless there is a clear pattern of your brother filing fraudulent abuse claims.
It sounds to me like either you got a very messed up judge or your brother isn't the angel that you think he is. If it's the first case, then he needs to get a lawyer and file a petition for re-trial with a new judge. He may not get it, but a lawyer will be able to advise. In particular, if a judge ruled this way (that she can have his house and he can't report abuse), the lawyer can file a petition for review.
Sorry, but I think there's something missing here. The legal system isn't perfect, but what you report is so extreme that the judge must have seen sufficient evidence that your brother is harmful to the ex.
2007-01-30 05:09:54 · answer #2 · answered by Jay 7 · 0⤊ 0⤋
I cannot believe that the authorities would allow child abuse to happen, or driving without a license. Are you sure that they have all the facts?
2007-01-30 05:04:25 · answer #3 · answered by Always Hopeful 6 · 0⤊ 0⤋
Dont take this everywhere or everybody. Dont pass after difficulty, merely enable it come to you if it is going that way...then you fairly'll examine what's ultimate to do. As u already suggested that somebody suggested to u, a criminal expert would be presented to you in the mandatory 2nd, if mandatory. till then, if puzzled, merely be truthful, dont lie, through fact in my attitude u have the clarification in this count, not the different stupid **** that picked on u for no obvious reliable reason.
2016-10-16 07:27:53 · answer #4 · answered by ? 4 · 0⤊ 0⤋