I have a friend who bought a home and her ex boyfriend lives there. He is an abusive alcoholic and unemployed. He has stolen money from her, and she has photographic evidence of his abuse. She has called the police on him and they have done nothing. She is currently under the assumption that the only way to get him out of the house is by eviction, but is is getting conflicting information on the entire process. He does not pay rent, and has never help pay for the mortgage. Her name is the only one on the mortgage. I would like to know what it is exactly that she needs to do to start the process of protecting herself from a man that seems to be getting more and more aggressive and less and less fearful of having to answer to anyone, and getting him out of the house.
Family Law Attorney
Yes she can. She can file for a restraining order and include a kick out order in the restraining order. Given the situation, I would suggest that she hire a lawyer who can advise her as to how to proceed. I'm sorry that your friend is going through this.
Has he ever hit her? If so, she could have him removed permanently through a domestic violence petition. She should learn about that and take appropriate action to ensure her own safety and freedom from abuse. It requires an actual battery of some sort, a hitting, pushing, kicking, throwing something at her, etc. She should consult with a family attorney in the area in order to find out what she can do beside attempting to evict him.
File a domestic violence injunction is one possibility, but I am more curious as to the fact that it is not his home? If it is not his home, there is no lease, he does not pay rent, he is not on the mortgage, etc., then contact law enforcement and tell them he is trespassing. Ultimately it may not work, but it is a start -- also recommend contacting an attorney in the area to assist with this process. Things move quicker when an attorney gets involved.
You should consult an attorney for advice regarding your individual situation since every case is different and not all information is relayed in an online question. The Law Office of Ophelia Bernal-Mora, P.A. is a family & criminal law firm located in Orlando, Florida, we invite you to contact us and welcome your calls at 407-377-6828. Contacting us does not create an attorney-client relationship. Please do not send any confidential information to us until such time as an attorney-client relationship has been established.
Divorce / Separation Lawyer
If your friend in unsuccessful in obtaining his removal through a Petition for Protection Against Domestic Violence then she will need to evict him and based upon what you have stated he would be considered a month to month tenant and must be evicted as such.
Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
Please be aware and advised that this public forum is designed to provide only general information, to give you a basis of legal knowledge. This public forum does not give you attorney-client privilege. You and I have not entered into an attorney-client relationship. I am not responsible for your legal rights and this answer is based solely on the information you have provided in your question and as always, I would advise that you arrange for an in person consultation with an attorney from my firm or another Family Law attorney familiar with Florida Family Law who can analyze the specific facts and circumstances of your case more closely to better advise you.
Family Law Attorney
If he has committed 2 incidents of assault, battery, or stalking as defined by the Florida Statutes within the last two years, then she should consider filing a Petition for Injunction for Protection Against Domestic Violence (i.e.- a restraining order). One of these domestic violence incidents of assault, battery or stalking must have occurred in the last 6 months. Otherwise, you will need to evict him. He would be considered a month-to-month tenant under an oral lease. Either way, I strongly recommend that she hire a lawyer to help her out with the very difficult situation. Good luck!