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

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.

Parrish, FL -

Attorney Answers (5)

Robert Jason De Groot

Robert Jason De Groot

Family Law Attorney - Deltona, FL
Answered

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.

Ophelia Genarina Bernal-Mora

Ophelia Genarina Bernal-Mora

Family Law Attorney - Winter Park, FL
Answered

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... more
Daniel A. Bachert

Daniel A. Bachert

Family Law Attorney - West Palm Beach, FL
Answered

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... more
Matthew Zern Martell

Matthew Zern Martell

Family Law Attorney - Sarasota, FL
Answered

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!

Hillary Johns

Hillary Johns

Family Law Attorney - San Diego, CA
Answered

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.

Related Topics

Criminal charges for domestic violence

Domestic violence is physically, sexually, emotionally, economically, or mentally abusive behavior used to control an intimate romantic partner.

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