Other Criminal Charges & Offenses NYS Social Host Laws

[Sallow]

Jurisdiction

New York

Hi,

My wife and I separated in January '15. I bought a house in March '15 (completely in my name with my only my personal funds). In June we reconciled and she moved in with her 16 yr old daughter. Apparently while separated, my wife and her daughter developed marijuana habits. My wife now takes her daughter to make buys, and they smoke together in the house. Additionally, her dealer makes occasional visits to the house when I am not around; they all sit and 'party' together. Alcohol has played its part in these get-togethers, but whether drugs or alcohol, its always my wife buying to supply her daughter and her daughter's teenage friends. The arguments have been endless as she feels it is her right to decide whether or not her daughter can use drugs.

Considering NY's social hosting laws, I am worried about my exposure since I seem to have no control over this situation. The police have told me I cant remove them from my home.

What is my risk with these activities happening on my property? How can I legally force them out of the house to put an end to these activities?

Any advice, even just leads to where I can conduct more research, would be greatly appreciated.

Thank you,
Dave

 

[army judge]

Hi,

My wife and I separated in January '15. I bought a house in March '15 (completely in my name with my only my personal funds). In June we reconciled and she moved in with her 16 yr old daughter. Apparently while separated, my wife and her daughter developed marijuana habits. My wife now takes her daughter to make buys, and they smoke together in the house. Additionally, her dealer makes occasional visits to the house when I am not around; they all sit and 'party' together. Alcohol has played its part in these get-togethers, but whether drugs or alcohol, its always my wife buying to supply her daughter and her daughter's teenage friends. The arguments have been endless as she feels it is her right to decide whether or not her daughter can use drugs.

Considering NY's social hosting laws, I am worried about my exposure since I seem to have no control over this situation. The police have told me I cant remove them from my home.

What is my risk with these activities happening on my property? How can I legally force them out of the house to put an end to these activities?

Any advice, even just leads to where I can conduct more research, would be greatly appreciated.

Thank you,
Dave

If a child, any child, most people would contact the police and/or child services.
If you find their weed treasure trove, you can call the police to remove (and investigate) the contraband.

You can certainly evict this woman and her little abused child by DIVORCING her.
Divorcing her can cause her to be ordered out of the home and the child taken into the care of child services.
Nothing POSITIVE will occur until you start a divorce action, again!!!
You started down that road once, you now have many more compelling reasons to DIVORCE this drug and child abuser!!!!

 

[Sallow]

Hi,

Thank you for your reply. Unfortunately, NY CPS isn't much of an effective tool. I walked in on an alcohol party with her, two of her children, and two other children. I called CPS the next morning. They came within 48 hours, at which point my wife accused me of being "psychologically abusive" to her and her children (or so I am told, I was at work when they visited). CPS the adopted a strategy to "assist in resolving the family dispute" by putting her in touch with services to help her get her own place... Presumably to party without interference I guess; the whole episode left me speechless.

I guess eviction is my only option; I was hoping there was something faster given the situation.

Thanks again for replying
Dave

 

[army judge]

Hi,

Thank you for your reply. Unfortunately, NY CPS isn't much of an effective tool. I walked in on an alcohol party with her, two of her children, and two other children. I called CPS the next morning. They came within 48 hours, at which point my wife accused me of being "psychologically abusive" to her and her children (or so I am told, I was at work when they visited). CPS the adopted a strategy to "assist in resolving the family dispute" by putting her in touch with services to help her get her own place... Presumably to party without interference I guess; the whole episode left me speechless.

I guess eviction is my only option; I was hoping there was something faster given the situation.

Thanks again for replying
Dave

You can't evict her. She's your wife.

If domestic violence is involved, she can be ordered to leave RAPIDLY.

You can file a divorce proceeding.
In the divorce action you ask the judge to order her out because she's habitually abusing drugs in your home.

Or, install security cameras and record what goes on in YOUR home.
If your video catches ILLEGAL activity, immediately report it to the police.

 

[Michael Wechsler]

What a terrible situation. I'm very sorry. Documenting everything is probably and making sure you have adequate proof will be the key to accelerating the help you need, especially from authorities. Best of luck to you and your family.