Trying to get back into my house and the ex out

[A S L]

Jurisdiction

Oregon

As far as custody goes how would I be able to prove that the mother of my child is an alcoholic and unfit?

She is living in my house due to a no contact order. Is it possible to get it lifted with out her consent?

If the no contact did give lifted and I have to evict her because she's not Giving me any money for rent. Would I be able to get my kid back if she has no house to support a child in?

 

[army judge]

I don't know why things are the way they are with you.
You're making a nasty stew out out of incompatible ingredients.

Usually "orders of protection" result from acts of domestic violence.

I suggest you discuss any "hair brain", "half cocked", "cockamamie" schemes with your lawyer BEFORE they erupt in your face with Wiley Coyote hilarity and backfire on you.

We're all better off improving ourselves rather than trying to point out the flaws in others.

Being an alcoholic isn't a crime.
Many good mothers and fathers were quite effective holding down gainful employment while rearing their children and fighting off the evil effects of old Jack Daniels or Demon Rum.

You might want to subject yourself to deep introspection mate.

I wouldn't want to cause any of my children to be homeless.

 

[leslie82]

As far as custody goes how would I be able to prove that the mother of my child is an alcoholic and unfit?

She is living in my house due to a no contact order. Is it possible to get it lifted with out her consent?

If the no contact did give lifted and I have to evict her because she's not Giving me any money for rent. Would I be able to get my kid back if she has no house to support a child in?

Why is there a no contact order? Are you divorced?

Does she have custody? So you're going to make your child homeless because you don't like his or her mom? Nice. Do as previously stated and talk to a lawyer.

 

[A S L]

Why is there a no contact order? Are you divorced?

Does she have custody? So you're going to make your child homeless because you don't like his or her mom? Nice. Do as previously stated and talk to a lawyer.

There is a no contact because we got into an argument she called the cops on me. She made up a wild story (she was drunk and punched me in the throat and then went and called on me) I got arrested. Now I am on a diversion program where upon completion of some classes the case goes down as dismissed meanwhile there is still a no contact . We are not married.

I thought this was a formal or I can ask questions and so far everyone is making me out to be this horrible person when I just asked a question .

I am paying my mortgage. She is living in my house. I am paying for an apartment in a different city. I am paying for her cell phone. I am paying for her Internet and cable. I am paying for her car insurance. I've been doing all of this for the last two years. I can no longer afford to pay her way through life and mine. She has given me $400 in the last four months. My mortgage alone is $1200.

I need her to get out of my house so I can start getting my life back on track. I've had people tell me that the house is a disaster. I'm trying to figure out a way that I can see my son more than 10 hours a day twice a week. My son's mother is a very mean and nasty and evil person. She is abusing the system. If I told you all the mean and horrible things she does we would be here all day. So I guess you just have to take my word that she's a horrible person and that I am trying to gain custody of my child so I can help him grow up in a clean safe environment like and tainted when I bought my house two years ago.

Is there anyway to get a no contact order lifted without her dissent? Besides waiting for the classes to be done ?

 

[army judge]

Is there anyway to get a no contact order lifted without her dissent? Besides waiting for the classes to be done ?

Yes, you can deed the property over to a TRUSTED relative.

The new property owner can then bring eviction proceedings against the squatter.

You could put the property up for sale.

The "order of protection" doesn't restrict you from managing the property, or having others manage it.

It only prevents you from being in or near the alleged victim.

You have to be honest with yourself, mate.

Maybe you didn't understand the consequences of your plea bargain.
I wasn't your lawyer.
I'm not your lawyer.
Had you told me the story you did above, I'd have told you not to plead guilty, or cop a plea.
I'd have advised you to go to trial.
If the story is as you recited, then you chose to plead guilty, take a diversion program THINKING this would all go away.
I won't ruin the ending for you, mate, except to say; it'll never go away no matter what story you were told.
After you complete the program, you'll begin to see just how you aided and abetted in ruining your good name.

Anyway, contact a lawyer, ask how you can initiate eviction proceedings against the squatter in your home?

I'd direct you, but I'm not your attorney, and that "order of protection" will likely have to be tiptoed around.

The lawyer can guide you much more precisely than I can.

You might want to see a couple or three nearby real estate lawyers.

In the future, never plead guilty or take a deal to make stuff go away.
It's your life, mate, fight for you.
Also, do whatever it takes to obey their laws.
The OVERLORDS love to prosecute people who break their laws.
The lawyers for the OVERLORDS play fast and loose with the truth.
No innocent person should ever admit to something she or he didn't do to make IT ALL GO AWAY AND END.
IT NEVER ENDS MATE, NEVER, ONCE THEY GETCHA BY THE OLD GONADS!

 

[A S L]

Thank you

 

[leslie82]

There is a no contact because we got into an argument she called the cops on me. She made up a wild story (she was drunk and punched me in the throat and then went and called on me) I got arrested. Now I am on a diversion program where upon completion of some classes the case goes down as dismissed meanwhile there is still a no contact . We are not married.

I thought this was a formal or I can ask questions and so far everyone is making me out to be this horrible person when I just asked a question .

I am paying my mortgage. She is living in my house. I am paying for an apartment in a different city. I am paying for her cell phone. I am paying for her Internet and cable. I am paying for her car insurance. I've been doing all of this for the last two years. I can no longer afford to pay her way through life and mine. She has given me $400 in the last four months. My mortgage alone is $1200.

I need her to get out of my house so I can start getting my life back on track. I've had people tell me that the house is a disaster. I'm trying to figure out a way that I can see my son more than 10 hours a day twice a week. My son's mother is a very mean and nasty and evil person. She is abusing the system. If I told you all the mean and horrible things she does we would be here all day. So I guess you just have to take my word that she's a horrible person and that I am trying to gain custody of my child so I can help him grow up in a clean safe environment like and tainted when I bought my house two years ago.

Is there anyway to get a no contact order lifted without her dissent? Besides waiting for the classes to be done ?

She has nothing to do with the protection order. The judge who issued it is the one who has to dismiss it. At least that's how it's been in my experience. Judges don't just issue the orders nilly willy. They do it because they think there is a risk to someone and to protect both parties from further escalation.

I agree with the other comment. Never plead guilty to something even if you did it. You can always try to get a lower plea usually.

 

[A S L]

My lawyer is telling me that she is the one that needs to drop the no contact.
My lawyer said that she needs to fill out a form and turn it in and go to court and drop the no contact. Which she just said this morning that she would call my lawyer and try to figure out how to drop it. Whether that's true or not I don't know because she is a vicious liar .

My lawyer is also telling me that pleaing to a no contact Will have the same outcome as if I went to trial and got found not guilty. They both will go on my record as dismissed . And then in 3 to 5 years I can get it expunged.
And that making a plea of no contest is not in an amission of guilt.
There are no witnesses to the case that I'm involved in it is strictly my word versus hers .

So I'm taking a chance of being found not guilty. If I take it to trial. Taking the plea would grantee me a dismiss. Granted I successfully finish the classes.

I know you can't tell me what to do I am just going through my thought process. I appreciate the input.







QUOTE="army judge, post: 243205, member: 73455"]Yes, you can deed the property over to a TRUSTED relative.

The new property owner can then bring eviction proceedings against the squatter.

You could put the property up for sale.

The "order of protection" doesn't restrict you from managing the property, or having others manage it.

It only prevents you from being in or near the alleged victim.

You have to be honest with yourself, mate.

Maybe you didn't understand the consequences of your plea bargain.
I wasn't your lawyer.
I'm not your lawyer.
Had you told me the story you did above, I'd have told you not to plead guilty, or cop a plea.
I'd have advised you to go to trial.
If the story is as you recited, then you chose to plead guilty, take a diversion program THINKING this would all go away.
I won't ruin the ending for you, mate, except to say; it'll never go away no matter what story you were told.
After you complete the program, you'll begin to see just how you aided and abetted in ruining your good name.

Anyway, contact a lawyer, ask how you can initiate eviction proceedings against the squatter in your home?

I'd direct you, but I'm not your attorney, and that "order of protection" will likely have to be tiptoed around.

The lawyer can guide you much more precisely than I can.

You might want to see a couple or three nearby real estate lawyers.

In the future, never plead guilty or take a deal to make stuff go away.
It's your life, mate, fight for you.
Also, do whatever it takes to obey their laws.
The OVERLORDS love to prosecute people who break their laws.
The lawyers for the OVERLORDS play fast and loose with the truth.
No innocent person should ever admit to something she or he didn't do to make IT ALL GO AWAY AND END.
IT NEVER ENDS MATE, NEVER, ONCE THEY GETCHA BY THE OLD GONADS![/QUOTE]

Yes, you can deed the property over to a TRUSTED relative.

The new property owner can then bring eviction proceedings against the squatter.

You could put the property up for sale.

The "order of protection" doesn't restrict you from managing the property, or having others manage it.

It only prevents you from being in or near the alleged victim.

You have to be honest with yourself, mate.

Maybe you didn't understand the consequences of your plea bargain.
I wasn't your lawyer.
I'm not your lawyer.
Had you told me the story you did above, I'd have told you not to plead guilty, or cop a plea.
I'd have advised you to go to trial.
If the story is as you recited, then you chose to plead guilty, take a diversion program THINKING this would all go away.
I won't ruin the ending for you, mate, except to say; it'll never go away no matter what story you were told.
After you complete the program, you'll begin to see just how you aided and abetted in ruining your good name.

Anyway, contact a lawyer, ask how you can initiate eviction proceedings against the squatter in your home?

I'd direct you, but I'm not your attorney, and that "order of protection" will likely have to be tiptoed around.

The lawyer can guide you much more precisely than I can.

You might want to see a couple or three nearby real estate lawyers.

In the future, never plead guilty or take a deal to make stuff go away.
It's your life, mate, fight for you.
Also, do whatever it takes to obey their laws.
The OVERLORDS love to prosecute people who break their laws.
The lawyers for the OVERLORDS play fast and loose with the truth.
No innocent person should ever admit to something she or he didn't do to make IT ALL GO AWAY AND END.
IT NEVER ENDS MATE, NEVER, ONCE THEY GETCHA BY THE OLD GONADS!

Yes, you can deed the property over to a TRUSTED relative.

The new property owner can then bring eviction proceedings against the squatter.

You could put the property up for sale.

The "order of protection" doesn't restrict you from managing the property, or having others manage it.

It only prevents you from being in or near the alleged victim.

You have to be honest with yourself, mate.

Maybe you didn't understand the consequences of your plea bargain.
I wasn't your lawyer.
I'm not your lawyer.
Had you told me the story you did above, I'd have told you not to plead guilty, or cop a plea.
I'd have advised you to go to trial.
If the story is as

She has nothing to do with the protection order. The judge who issued it is the one who has to dismiss it. At least that's how it's been in my experience. Judges don't just issue the orders nilly willy. They do it because they think there is a risk to someone and to protect both parties from further escalation.

I agree with the other comment. Never plead guilty to something even if you did it. You can always try to get a lower plea usually.

 

[ElleMD]

So she is living in a house you own and you live elsewhere? And you never married this woman? Is there a current court order for child support/custody/visitation? Has your paternity ever been legally established?

If you are the landlord, you can file for eviction like with any other tenant who didn't pay rent.

If paternity has been legally established, you can file for custody and child support. I have no idea why you are paying for her phone and car and whatever, but unless there is a court order requiring you to pay those expenses (which would be highly unlikely) you do not need to.

 

[A S L]

Correct we are not married never have been. As of right now there is no custody issues established through the court. Except for on my two days off I get to see my son. Because there is no contact we have a third-party picking up and dropping off my son. The only reason why I'm still paying for all of her stuff it's because I'm just trying to play ball with her in hopes that she will drop the no contact. And she just texted me and told me that she just called my lawyer to try to get that going.

I also am still paying for everything because when it does come time for a custody battle I want to look like I am the more capable parent.

And the only reason why I haven't evicted her from my house yet is because she really does not have any place to go and I don't want my son to be homeless but I also want the powers to be to see that she can't support my son. I feel like the only next step I have is to try to I feel like the only next step I have is to try see if she will drop the no contact and then I can go on from there?


I have court today to establish when my classes start. I'm going to plead no contest. And maybe when the custody battle starts it will help .


At the end of the day I want to be able to see my son more than I am now and either live in my house or sell my house so she can't live in my house

Yes, you can deed the property over to a TRUSTED relative.

The new property owner can then bring eviction proceedings against the squatter.

You could put the property up for sale.

The "order of protection" doesn't restrict you from managing the property, or having others manage it.

It only prevents you from being in or near the alleged victim.

You have to be honest with yourself, mate.

Maybe you didn't understand the consequences of your plea bargain.
I wasn't your lawyer.
I'm not your lawyer.
Had you told me the story you did above, I'd have told you not to plead guilty, or cop a plea.
I'd have advised you to go to trial.
If the story is as you recited, then you chose to plead guilty, take a diversion program THINKING this would all go away.
I won't ruin the ending for you, mate, except to say; it'll never go away no matter what story you were told.
After you complete the program, you'll begin to see just how you aided and abetted in ruining your good name.

Anyway, contact a lawyer, ask how you can initiate eviction proceedings against the squatter in your home?

I'd direct you, but I'm not your attorney, and that "order of protection" will likely have to be tiptoed around.

The lawyer can guide you much more precisely than I can.

You might want to see a couple or three nearby real estate lawyers.

In the future, never plead guilty or take a deal to make stuff go away.
It's your life, mate, fight for you.
Also, do whatever it takes to obey their laws.
The OVERLORDS love to prosecute people who break their laws.
The lawyers for the OVERLORDS play fast and loose with the truth.
No innocent person should ever admit to something she or he didn't do to make IT ALL GO AWAY AND END.
IT NEVER ENDS MATE, NEVER, ONCE THEY GETCHA BY THE OLD GONADS!

Yes, you can deed the property over to a TRUSTED relative.

The new property owner can then bring eviction proceedings against the squatter.

You could put the property up for sale.

The "order of protection" doesn't restrict you from managing the property, or having others manage it.

It only prevents you from being in or near the alleged victim.

You have to be honest with yourself, mate.

Maybe you didn't understand the consequences of your plea bargain.
I wasn't your lawyer.
I'm not your lawyer.
Had you told me the story you did above, I'd have told you not to plead guilty, or cop a plea.
I'd have advised you to go to trial.
If the story is as you recited, then you chose to plead guilty, take a diversion program THINKING this would all go away.
I won't ruin the ending for you, mate, except to say; it'll never go away no matter what story you were told.
After you complete the program, you'll begin to see just how you aided and abetted in ruining your good name.

Anyway, contact a lawyer, ask how you can initiate eviction proceedings against the squatter in your home?

I'd direct you, but I'm not your attorney, and that "order of protection" will likely have to be tiptoed around.

The lawyer can guide you much more precisely than I can.

You might want to see a couple or three nearby real estate lawyers.

In the future, never plead guilty or take a deal to make stuff go away.
It's your life, mate, fight for you.
Also, do whatever it takes to obey their laws.
The OVERLORDS love to prosecute people who break their laws.
The lawyers for the OVERLORDS play fast and loose with the truth.
No innocent person should ever admit to something she or he didn't do to make IT ALL GO AWAY AND END.
IT NEVER ENDS

 

[ElleMD]

As for the no contact order, you are going to need to discuss that with your attorney. It does not have direct bearing on anything else.

If you want time with the child, file for custody/visitation with the courts. You paying her car insurance and cell phone bill do not have any bearing on this either.

If you intend to sell the house you still can do so. It is your house.

 

[A S L]

Thank you

 

[leslie82]

Yes she can ask for the no contact order to be dropped BUT that does not mean it will be dropped. That is completely up to the judge who issued it. I know. I filed a protection order against my ex in 2013. After two months I asked for it to be dropped. The judge approved but only after I had to talk to the victim witness advocates.

I applied a temporary order in 2014 but let it expire but the judge issued a no contact order for the duration of the case against my ex. It took a month for the victim witness advocate to even get in touch with the judge. She kept emailing and calling. He lifted it the day my ex got out of jail. I had decided to give him another chance at that point as he only got violent during meth withdrawals. But then he started up his shenanigans again and I divorced him. I had filed a protection order when I went to Family Advocacy but only because she told me that was the only way to get him out of my apartment. He ended up leaving the next day - and they never even served him the order so at the first hearing (that he didn't show up to or any of them) I had my lawyer ask the judge to remove it because he wasn't served in two weeks and I knew he wasn't violent and he would not come two and a half hours where I was unless he could find drugs.

Each time the judge had to remove it. Maybe it's different where you are.