How can I protect myself from my boyfriend who was using drugs in my residence?

Asked about 1 year ago - Durham, NC

My boyfriend was recently arrested for drug charges. I bailed him out the first time because he lied to me about why he was arrested. He recently got rearrested and I am not bailing him out, but as I am cleaning his things out of my apartment, I am worried about finding drug paraphernalia and/or drugs. The apartment is in my name only, so I worry that should the police come they might find something. What can I do with his things if he is in jail and I don't want them in my home anymore. Finally, can I get a restraining order against him. He has been emotionally and financially abusive and has promised to pay me back for all of the expenses that I have paid for him, but I would rather never have contact with him again. The only reason I feel safe now is because he is in jail. Thank you!

Attorney answers (2)

  1. Christopher James Welch

    Pro

    Contributor Level 16

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    Lawyer agrees

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    Answered . Firstly, it is good that you are trying to get yourself out of this relationship, given all the problems that it is causing you. It is not always easy to solve all of these issues on your own, and you have a lot of good and valid questions. Rather than try to answer them all piecemeal, I would say that you are not the first woman to find herself confronted with this situation, so there is going to be a support system in your community which can help walk you through what you need to do. Yes you can apply for a restraining order against him since there has been a history of domestic violence between you--it is called a 50(b) Domestic Violence Protective Order and you would go to the civil clerks office at your county courthouse to apply for it. But my suggestion would be that you get somebody with some professional knowledge to walk you through these things. The reason to call a lawyer is that they can not only help you get the restraining order (there is going to be a court hearing to determine whether it is granted) but they should also have some connections with law enforcement to help you clean your place out of any contraband without getting in trouble. If hiring a lawyer is not a financial option then I would check with your local women's shelter or legal aid office to see if they have resources to put at your disposal.

    No answer to these questions is intended to, nor does it, create an attorney-client relationship. There is no... more
  2. Adam Charles Stone

    Contributor Level 10

    Answered . Call local law enforcement and the landlord to have him trespassed from the property, and you may want to consider having a civil protection order filed against him, especially if you have children in your home - because your custody rights may be at risk, as well as your tenancy at the apartment and several other potential consequences to not reporting this conduct to the appropriate people.

    I would also consult with a local, experienced criminal defense attorney with a good reputation for advocacy in your community. He or she will be able to answer your questions more specifically and with a greater degree of knowledge of your local law enforcement, courts, judges, the civil protection order process, trespass process; and he or she will be able to fight to protect your rights under the lease agreement.

    Good luck and don't be afraid to spend the money on a good lawyer. Oftentimes people are deterred by an attorney's initial retainer, but if you've done your homework and found a good one, he or she will be well worth it.

    All the Best,

    Adam

    Adam C. Stone
    Adam C. Stone, Attorney &
    Counselor at Law, Ltd.
    840 So. Sandusky Avenue
    Bucyrus, Ohio 44820
    Telephone: (419) 562-2110
    Facsimile: (419) 562-1660
    adamstonelawfirm@gmail.com
    www.adamstonelawfirm.com

    Nothing contained in this message is to be construed as legal advice. Rather, the general information provided... more

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