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How can someone get their ex boyfriend removed from their home?

Parrish, FL |

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.

Attorney Answers 5

Posted

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.

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2 comments

Asker

Posted

Thanks for your response. Is this something that is common and would be a reasonable price in the way of lawyer's fees or is it more in depth and fairly pricey?

Hillary Johns

Hillary Johns

Posted

You're welcome. It really depends on the lawyer. Many of them have very reasonable, affordable rates.

Posted

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.

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6 comments

Asker

Posted

Yes he has hit her. On multiple occasions. I will let her know about the domestic petition.

Robert Jason De Groot

Robert Jason De Groot

Posted

She needs to get to the clerk and file a petition for protection, tell her not to elaborate much, just put down the basic facts of the physical abuse. Nothing more.

Asker

Posted

And just so I can relay this information more accurately, because I will be asked, this is considered a protective injunction correct? And when he would be served with the notice would he then have to leave? Or would that be decided after the return hearing?

Robert Jason De Groot

Robert Jason De Groot

Posted

It is called a petition for protection against domestic violence. He should be required to leave if she writes the right information in the petition. He hit me with his left fist to my right eye on the __ day of ____, 2012

Asker

Posted

Ok thank you very much for your help Mr De Groot.

Robert Jason De Groot

Robert Jason De Groot

Posted

When someone goes on and on and on in one of those petitions it just gives an attorney a lot of material to work with in showing how incredible the person is. But the whole thing is geared at protecting people from domestic violence. He probably will not be allowed to return.

Posted

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.

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3 comments

Asker

Posted

Numerous calls to law enforcement have all fallen through. Sunday they arrived and her shirt was ripped and had red marks on her throat and neck, while he was drunk. He got in his car and drove off, while the officer's there knew he was drunk and did nothing about it. They told her "you need to file for him to be evicted, and that is an expensive and time consuming process." and that was pretty much the end of the visit from the officers.

Ophelia Genarina Bernal-Mora

Ophelia Genarina Bernal-Mora

Posted

Where is Parrish Florida that law enforcement would allow that??? I am sorry she is going through this, I think it may be best she contact an attorney immediately and file for an injunction - tell her to document the abuse, take pictures, etc.

Asker

Posted

She has been documenting the abuse with pictures. Parrish is in Manatee county.

Posted

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.

Sincerely,

Daniel Bachert, Esq.
The Bachert Law Firm, P.A.
330 Clematis Street, Suite 222
West Palm Beach, Florida 33401
(561) 653-3951
Palm-Beach-Divorces.com

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.

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Posted

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!

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