I have been living with my boyfriend for a couple of months, he wants me out ASAP, and he is constantly fighting with me , and threatening me that he will call the cops on me. Can he do that? What are the cops going to do, if he ever calls the cops?
This seems like a disaster waiting to happen. Once anyone calls the cops and reports domestic violence - here either you or your boyfriend - all bets are off regarding who the cops will arrest. Often, but not always, the party which calls first tends to get a more receptive ear from the cops and the other party gets arrested. However, this pattern is by no means always consistent. If, after the cops arrive, both parties claim to be victims of domestic violence most police department's official protocol is to determine which party is the "primary aggressor" in the and arrest that party. Often this means if one party has any physical evidence of being battered (scratches, bruises, strangulation marks, ect) the other party will be deemed the primary aggressor and arrested. Following arrest, the police report will generally read one-sided and point the arrested party in a negative violent light and the non-arrested party as a non-violent victim. When the DA receives the police, he/she will treat the report as gospel unless there is overwhelmingly demonstrable evidence to the contrary. This process is unpredictable and riddled with unfairness. Avoid this process at all costs. If you are not an owner or renter of the premises, then you have no legal right to occupy the premises if your boyfriend says to leave if he's an owner or renter. Leave at once. There are attorneys who can help you contact cops to help you conduct an officer accompanied walk through of the premises to retrieve personal property if it's not practical to do that yourself. If you have no children with this individual and share no assets, you should cut all ties and avoid the legal system as much as practical. All the best
That depends on whether there is violence. You need to go, in any case. ASAP. Find a new place to live, and a new "boyfriend".
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Since you are not a renter you have no protections. You are there at the pleasure of your boyfriend. Now he does not want you there so find a place and go. Today. If this escalates it could get ugly for you both.
If the situation in your boyfriend's apartment is toxic, due to the deterioration of your relationship (such as "constantly fighting"), then you need to get out, and get out as fast as possible. This is the type of situation that can only lead to tragedy, whether it be someone's ending up injured (or worse) in a fight or someone being in jail facing domestic abuse charges.
You are not on the lease, so you should be the one to go, even if you have to spend some time living in your motel until you find a better situation.
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Can he call the cops on you? YES, if he knows the number. Will they do anything? Depends what he says to them, but if anyone mentions anything resembling violence, somebody's going to jail. Sounds like this relationship is breaking down. Maybe you should find a different place to live and even a different boyfriend.
San Diego Criminal Defense Attorney--20 years experience
It is a little different here in Ohio. If you are living with someone for a period of time, even if you are not on the lease, an eviction is required. Example: Adult children living with parents, parents want them to move out, if the child refuses, parents must evict. However, even if you had such rights in your state, GET OUT! You are putting yourself in danger. Who cares if you end up correct on principal or law, if ultimately you end up hospitalized or dead because the situation turns violent. I implore you to listen to the advice of the other wise attorneys in your state and move immediately.
Given that you do not own the place and are not on the lease you are there at your boyfriend's pleasure. Do yourself a favor and find your own housing. Worse case scenario is that your boyfriend kicks you out. You do not want to find yourself defending domestic violence charges. Should your boyfriend make those allegations against you, you could find yourself in custody.
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