How can I evict an abusive ex boyfriend out of my house that I own?

Question

One week ago, my ex boyfriend was hitting me as he has done for 8 years. He was trying to strangle me when I bit his arm. I got away and called the police. Well, they came and since my bruises had not shown up yet and he had a bite mark on his, I was arrested for domestic battery. I now have a no contact order from the judge. He is living in my home that I own myself. The house has been in my family for 50 years. I have no money and no job( he wouldn't let me work). I need to evict him legally. I can't just go throw him out because of the no contact order. I have tried to make him leave before. Once he threw me through the sliding glass doors. Another time he smashed a brick into my face leaving me permanently disfigured. I can no longer take this. I need him out before he destroys my family home. Also, all the utilities are in my name. Is it legal to have them turned off?

Answer 1

Change the locks and arrange a day that he can move his stuff out. Just make sure there is a police escort with him that day.

You may want to look into a restraining order too.

Answer 2

Your best bet is to wait for the no contact order to be up (it should only be 72hrs) then file for a Restraining Order. He'll then be in the same boat your in right now. He'll have to leave the house because it's where you live and just filing for a restraining order gives you a temporary restraining order. While he's out change the locks. If he shows up call the cops. He doesn't have to do anything for the cops to arrest him under the restraining order. Just being near you is enough. A cop will have to accompany him to get his things so you'll be safe then. You should be able to get a restraining order good for several years. Since he can't be in that house for that time you avoid evicting him. He just can't be there. Even a sixty day order would do it because after sixty days he wouldn't legally be a resident. Good luck.

Answer 3

If he has been living there with you all this time then he's established residency and you can't just kick him out. I'd go to the house when he isn't there, take someone with you and get your stuff out. Get all your important papers too. Yes, have the utilities turned off and mail him an eviction notice. You have to give him 30 days to get out! You can talk to an attorney for free the first time and find out what you need to do if he does not leave! Congratulations for finally waking up and getting out of this horrible situation!

Answer 4

I read the replies and some were funny; even the one where god should help you. If I recall correctly when god does an eviction it is not in accordance with state law and things burn and turn to salt. I would suggest avoiding that.
Each state has specific laws on tenant/landlord agreements. Your state will have specific procedures which you must follow in order to keep the high ground. Send your quit letter with return receipt requested and follow your state’s requirements. You will be surprised to find that he has some rather strong rights; you can evict him however and that can be done by the sheriff if you follow procedure.
Begin immediately or sooner.
Jim D

Answer 5

Since the uttilies are in your name have them turned off. However if there were deposits those deposits will be applied to the final bill.


To legally evict him, you must send him a certified letter, with a return confirmation. The letter should state he has 30 days to vacate the property. If he refuses to vacate you can then have the police forcibly remove him. Be sure to keep a copy of the letter and the confimation of delivery card.

Answer 6

Eviction is a legal proceeding. The first step is mostlikely giving him notice you want him gone. Then filing papers with the court for an eviction proceeding. My advice would be contact the local victims assistance program or woman's shelther and their lawyer can help you throgh it.

Do NOT engage in self help. Changing the locks putting his stuff in he street etc. If you do that you will lose your right to use the legal system to redress your issues and you will be stuck with him.

Answer 7

Tell the police what has happened to you over time (did you happen to keep records or doctor's notes, etc. of the incidents?) They should help you find a legal way to take back your assets, and since you've been together for at least seven years, you'd be considered commonlaw husband/wife (unless it's different in every state...), so you might be able to get into divorce court. He sounds like a total loser, so congratulations for finding the strength to get out!

Answer 8

Turning the utilities would only handicap you. Call your local courthouse and find out what you need to do to start the eviction process. I know what it is here in California, but every state probably has it's own rules. He sounds more like he should be in jail, but getting him out of your house is the first step. Good luck.

Answer 9

Call the police. Tell them the situation. You don't need to go into a rant or details, just tell them, "I want to kick a man that is living in my house out, and I know he won't go peacefully. What should I do?"

They should be able to tell you the best course of action, if not, try calling a divorce lawyer. Even though you are not married, they will know what you can do.

Answer 10

I wouldn't turn off the utilitys in your own home. But I would definitely consult an attorney (pro bono) or a free consultation to have this bum thrown off of your property. Can't you just have him arrested for illegal tress pass?