If he is physically abusive then you should immediately file for an injunction. Why won't the judge grant the restraining order? If he is physically pushing you and/or your children then that meets the criteria for domestic violence. You may want to hire an attorney to handle the injunction on your behalf to make sure it is legally correct. Sometimes judges have no choice but to deny an injunction because it wasn't done properly.
First you must give your father notice in writing that he must vacate the premises by a certain date. The time that must be provided is likely dependent upon whatever agreement you had with your father to pay the rent, bills, etc... Next, if he fails to vacate within that time, you can file for an actual eviction with the court. See Florida Statutes Chapter 83 for the proper procedure. I also advise you hire an attorney for this process.
This is not to be considered legal advice nor does an attorney-client relationship exist.
I agree that you should file a domestic violence injunction on your behalf and on behalf of your children. There are forms online that you can fill out and there is NO filing fee. If it is granted, law enforcement will serve him and likely remove him from the house. I don't agree that you can evict your father, as there is no landlord/tenant relationship and no lease. However, if the domestic violence injunction is not granted, then you can file an EJECTMENT action against him. Basically, ejectment takes care of guests or people who are not tenants. Good luck. Protect yourself and your children. They don't deserve to have abuse in their home.
I agree with Attorney Trabin and Attorney Cox. The facts you have stated should be enough for a domestic violence injunction. Get an attorney to help you and try again. Good luck.
B. Elaine Jones, Esq.
Get a lawyer to file your injunction. Your lawyer can probably file an eviction as well. The problem is that you are probably not meeting the legal standard in writing. That's what lawyers get paid for. You won't get the relief you are seeking on your own. If you can't get an attorney involved, you will probably have to put up with your father's torment.
If this answer helped you, please be so kind as to mark it "helpful" or "best answer". This would be greatly appreciated. Remember, this is not legal advice from Criminal Defense Lawyer Albert Quirantes, or the Ticket Law Center in Miami, Florida and there is no attorney client privilege created in this communication. Don't squeal on yourself by making admissions on this public website. Only ask theoretical questions of a general nature for your own protection.
Sign up to receive a 3-part series of useful information and advice about child custody law.