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

[crzychickenlady]

I didn't read the whole thread, but I have been thru a similar situation.

Go to the local courthouse and file an ex-parte order (restraining order) on him. In filing said order put down the home address as a place that he is not allowed to be at or enter. You may have to embellish a little on the order, always use the term "in fear for my life", he is a danger to yourself and your family, etc etc.
Here, the judge looks at the order, sets a court date and you can come back the same day to get the paperwork. Now, you call the local police and have the paperwork served to him directly, DO NOT wait for him to be served by the sheriff!

My current boyfriend had to do one of these on his ex to get her out of the house. He had the police come home with him, serve the order and remove her from the house. The police allowed her to gather a few clothing items and sent her on her way. She came back several time with a police escort to get more clothes and things but was not allowed to take anything more than that.
When they went to court, the judge decided what property was to be divided and set up a date and time for her to pick up the rest of her stuff, furniture, etc. with a police escort.
I might add that she went to jail at least 3 times for just driving by and screaming out her window at him....Not the brightest cookie. lol

With the ex-parte, he cannot come to the house, or contact her thru any manner or means AT ALL. This means he cannot even have someone else talk to her for him, no emails, no texts, no phone calls, NO CONTACT WHEREVER SHE MAY BE. If he breaks the order he goes to jail, Do not pass go....

ETA:
If there are children involved, you DO NOT want CPS involved. If you can go the route I suggested, ONLY state that he is using drugs and NOT that he is selling them. With the ex-parte here, that gets him out of the house immediately and everything else can be dealt with otherwise, ie: the divorce etc. The original ex-parte will be for 30 days, then you go to court and will be approved for a full year on an ex-parte order. That should give you plenty of time to deal with the rest.

 

[Countrywife]

You CANNOT "embelish" a little on an exparte or Protective order. You will be sworn by the court when you file for it, and if you are found to have "embellished a little" it is perjury, and you can go to jail. Not to mention the damage it does to the next woman that actually needs one.

 

[Tala]

Quote:
Heck you don't even have to be married!
See, same thing happened to us. We felt threatened by a friendship gone wrong, my truck was even vandalized while sitting in my own driveway (I was at work in DH's truck) and some things were told to my boss at work that involved the police searching my locker (they didn't find anything, obviously) and the police said that they couldn't even make up a restraining order until SOMETHING ACTUALLY HAPPENED. Well, I don't know about you guys but I ain't just gonna sit around when something DOES happen! Between you and me (and the rest of the online world!) I'd just rather have some paperwork doccumenting that I felt threatened dated BEFORE anything happened, just to cover my own rear, you know, paper trail. I have NO qualms about protecting myself!

Moral of the story: GET OUT NOW Protect YOURSELF now, don't wait on the cops!!! (or I'd probably still be waiting!)

 

[crzychickenlady]

Quote:
On the next woman?
Judge me if you want, there are people out there that all out lie....example....
Like when my boyfriends ex filed one on her previous 3 husbands and "embelished" and THEN filed on him saying that he threw her down and broke her foot. When she went to court, evidence was brought in showing that her doctor broke her foot to reset it. Did she go to jail? NO! Instead, my boyfriend got charged with a felony, had to pay a $75,000 bond and plead guilty to the act just so HE wouldn't go to jail, even tho the prosecutor had the medical records in his hands!

Don't take this the wrong way, but......

If this woman has to embelish a little, I'm not saying all out lie. I'm saying, even if she doesn't fear for her life, she should say that, the court cannot prove she DOESN'T fear for her life and safety. I was never suggesting to make up a bunch of all out lies as to events.

This is the only way she is going to get him out of the house QUICKLY and without harm to herself. Even if his name is not on the lease or bills, he has what is called "squatters rights" and it will take months to get him out of the house.

 

[the4heathernsmom]

I hope she and her children are ok pls update when you can.

 

[horsejody]

Quote:
I agree. It's an abuse of the system.

 

[Countrywife]

Look, I am getting out of this thread before I get in trouble, but to be clear- he does NOT LEGALLY have squatters rights. How do I know this? Becuase I have actually taken, and passed with A's, Real Estate Law Classes. I am not talking about the one to get your real estate license, I am talking certified legal classes, as I am working toward my degree as a Certified Paralegal, which in my state requires a college degree and a Bar examination. So, I do in fact have the legal background to make these statements. Squatters rights take YEARS to establish, at the bare minimum in my state it is over 7 years. Squatters rights involve the knowledge of the owner of the property, the paying of the property taxes, the establishment of buildings on the property, the lack of intervention by the owner, and the legal intervention of the Court. So no, the man does not have squatters rights. I can set anyone out of my house that I choose to set out, at any given time, provided it is not my minor child or my husband with whom I own the house.

It keeps getting lost in this conversation- the house belongs to someone else, who lives there, who allowed these people to move in, who has a LEGAL RIGHT to remove them. It does not take eviction to remove a guest from your home, and this guy is nothing more than a guest.

 

[HarlansHollowFarms]

Quote:
I do not recall anyone saying this man has squatters rights. Besides, in Ohio there really isn't any satute for squatters, at best it takes over 21 years in that state to establish ownership as a squawtter. Even then it is not a sure deal.

I do believe the father-in-law as the right to evict, but if the parties refuse to leave there needs to be court papers filed to have them removed. The man is this womans husband, therefore he does have rights. And as for them living with the parents, from the OPs posts, it states there are living in a house owned by them, not with them.

Since there appears to be no proof of illegal activities, this is purely a domestic dispute. This woman needs to chose the path that is going to benefit her children and herself. Personally, I would get out of the situation as fast as I could if I suspect drug use and other illegal activities.

 

[twentynine]

Okay I think I got it.
Didn't read the whole thread, just OP and a few replies.

Now I can't put myself in the place of the women, but I could very easily place myself in the father's place.

My house!

I'm supporting the lazy SOB!

He is selling drugs out of my house!

All while laying with my daughter!!!!!!!

What we have here is a failure to get that boy's attention. Once I got his attention, I can garauntee he would want to live anywhere but my house.

Only once did my daughter bring a "questionable character" home. They only dated maybe a few weeks, he left one Sunday evening running like his hair was on fire with his a$$ a catchin. Had something to do with a "crazy" man trying to strangle him to death.

 

[Sonoran Silkies]

Quote:

Embellishing as described is LYING.