Any Legal Professionals Out There....Cop, Judge...anyone.

[redhen]

I swear that you CAN just have him move out of the house with NO eviction notice. The house in NOT in his name...he is NOT paying rent... (therefore he has no legal right to the property...)
all you need to do is put his stuff on the curb and change the locks.
also...call the police station and ask them...they will tell you right away what she can do or not... they deal with this stuff all the time.
i know that i could do that here in mass...not sure about your state laws...

 

[hens & chicks]

Call the police on the regular number and tell them what is happening. IF they say that they will send someone then have the father there at that time to request-in front of the officer-that the man is to vacant the property. Let the police do it not an individual. Too many problems arise from individuals taking the law into their own hands. Yes-if you are aware of the drug problem and you individually do nothing about it and the police come to your property they can and have arrested everyone there. They can and have arrested everyone in a drug house and they have removed children to Foster Care. But-that is not always the case and is not necessarily what they want to do. It is important to keep a cool head and make logical decisions about things. First priority is to protect the children as much as possible from anything. If left in the same home and police show up then they can be a witness to things that maybe they do not understand or need to see. The next thing is to make legitimate contact with the police department to have them involved. The next thing is that if for any reason the women fears for her safety then she needs to also be protected and possibly gone from the home. I and DH have many years experience as he is a retired Sheriff and we are both long term foster parents and both involved in the courts with these same issues. Many times people jump into a situation and make things worse by letting emotions control things instead of taking a step back and seriously looking at the immediate issue and dealing with it correctly. My immediate neighbors just went through this last year. Her son and a son-in-law were making and using meth. They were both arreasted and put in jail for well over a year. They were arrested in front of their children, mother and wives. They are both out so time will tell if they go back to making and selling drugs. This was the second time for them. Unfortunately when the police showed up to arrest them there were 11 SWAT officers not only on their property but also ours looking for drugs. And as a side note , anything that happens in the family will definately spread as gossip and will be carried into the school classroom and teachers. The one father that just got out has had a marriage end and family split apart. He had an altercation with his olderst boy and beat him bad enought to break ribs and facial bones. My personal policy is that I have nothing to do with anyone having used or using drugs or drink. I do not allow anyone on my property either that I knowingly know that has done or doing drugs. It is just not worth the risk. Mother knew the drugs were being sold and made but it did pay her bills and property taxes. Now there is no one to pay those bills and she is in jeopardy of losing her home.

 

[2ndtimearound]

I used to live in Ohio, and there a homeowner/landlord can go to jail for having drug use/dealing on his property, yes, you can report it to the cops, get an order of eviction and/or restraining order pretty quickly. I don't know how in is in Newark, but in Columbus there was zero tolerance.

(Not in the legal profession anymore...)

 

[horsejody]

I don't think that you need to "evict" a person that doesn't pay rent. If you know that a person in your home is keeping drugs there, you may end up in just as much trouble as him. Search the house. If you find drugs, have him arrested. Get a restraining order if need be. I don't know about your state, but it can be done in Nebraska. My friend and neighbor had their adult son living with them. He was nothing but trouble. They told him to leave, but he wouldn't. They took him for a ride and dropped him off at the homeless shelter. Too bad. Too sad. It was perfectly legal. He wasn't a renter. There was no lease agreement, written or verbal. No eviction notice or process was necessary.

 

[Mattemma]

I had a friend here in Ohio file a TPO(Temp Protection Order) on her abusive dh.He was living in the house with the kids,and she had been in hiding for a few weeks.The police were in the home so he could pack his things and leave in a peaceful manner,and the mom was able to return home.

You can file a TPO yourself...atleast in cuyahoga county Ohio.I think the 30 day notice is for renters.I have heard of homes and cars being taken in drug seizures(sp).
I like the idea of packing the stuff out onto the porch and changing the locks.He could flip out in which case you call the police.

If the police come and find drugs while the children are in the home then it is likely children services will open a case on the parents,and make them jump through hoops to keep the kids.Best to stay somewhere else and return once the he is removed.

I see it is meth.I would move out to protect the kids.He could flip out when his back is to the wall.Lawyers will talk to you for free the first visit,but you don't need a lawyer for the TPO.Don't really need them to file a divorce either...most forms are online these days.

Hope all works out for that family, and that man is able to clean up his situation.Meth is such a terrible creation.

 

[Slinkytoys]

I sure hope he is not making meth at the home. If so, everyone will have to leave. Here in Colorado there has to be full disclosure of a meth house before it can be sold. The drug manufacturing is so toxic the house can be condemned as a hazardous waste site.

Slinky

 

[HarlansHollowFarms]

Since she is married to this man, it may be more difficult to do anything. Depending on the laws in your area, the police may consider this a domestic dispute and do nothing.

Your cousin is better off removing herself and the children from a possibly dangerous situation, then work on other options such as divorce, police protection, ect. If by chance the police do come to the home (search with probable cause) and find drugs, everyone in the house goes to jail or CPS.

She needs to protect the children and herself first...worry about him second.

 

[horsejody]

Quote:
The couple is living with her parents. At least that's what I thought I read in the OP. Even if she leaves, her parents would still be there.

 

[Countrywife]

Quote:
For the record- the police are barred by policy of ignoring domestic abuse. And they are also barred by law of ignoring a meth operation. So, no, I don't actually believe the police will do nothing. Matter of fact, they will take him, and anyone else involved, to jail.

 

[Shared Acres]

If nothing else, call the cops about what he's doing. I don't know all the logistics, but I believe here if you let someone stay with you that you know is doing drugs and selling, etc. you can have your home confiscated (vehicle if its in a vehicle).

I'd get him arrested on the drug charges and try to get a protective order.