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How can I make her leave?

Discussion in 'Other Family Law Matters' started by monopolyman99, Jun 5, 2002.

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  1. monopolyman99

    monopolyman99 Law Topic Starter New Member

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    I purchased a home 12 years ago before I met my current girlfriend. 11 years ago we moved in together and have shared several things but I have never married her. Things have gotten really bad between us and I asked her to leave my home and she refuses. I want to know what legal actions I can take to have her leave. She has a violent temper and I fear that she will do something to my home if I get her out. All household bills are in my name and the only thing she has is her car and some common property we purchased together. Any advice would be welcome.
     
  2. jmacgregor

    jmacgregor New Member

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    Most answers you are seeking depend entirely on what state you are in.
    As for her irrational behavior, I would contact your local law enforcement to find out what action can be taken immediately. If her actions are irrational to the point of harming another or herself, you may consult the magistrates court about a detention order (this also very much depends on your state). If it comes to this, be prepared to convince the magistrate that this person is in acute need of a psychological evaluation. If granted, your local law enforcement will place her in custody and take her to an appropriate health care facility for necessary treatment.
    I will advise you that this is a very evasive maneuver and should be very carefully thought out. If you choose to abuse the power of the magistrate for personal reasons other than the protection of herself or others (including you), the penalties can be rather sever.
    You may find more useful information about self-protection in some of my previous posts - (see profile)
     
  3. Michael Wechsler

    Michael Wechsler Administrator Staff Member

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    jmacgregor makes a good point -- you may have issues depending upon what state you are in. Living together for 11 years is a very long time, especially if she is not self-supporting. You may want to send her a 30 letter to leave (make it 60 to be sure) stating that she will be responible for all costs of prosecution, if necessary. If she doesn't leave, you may want to take her to landlord-tenant court. However... you may wish to consult an attorney first so that you know what you might expect if you need to go that far. Hopefully she'll get the picture from the letter...
     

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