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motherof4ga
Jul 15, 2008, 09:25 AM
He's been living with me for a while, but has never paid the mortgage. He does pay some utilities, but now is refusing to leave. We have kids together and I think his reason for staying is to avoid paying child support. He is verbally abusive and has made threats. I fear that he will harm me physically, but has not yet. I tried to get a TPO and was denied because there is not physical abuse, just verbal. How can I evict him?

George_1950
Jul 15, 2008, 09:30 AM
Do you have custody of the children with provisions for child support?

motherof4ga
Jul 15, 2008, 09:55 AM
I still have custody of the kids. We've never been married and he has never legitimized the kids. There is not a child support order and I don't believe I can get it while he is living with me.

George_1950
Jul 15, 2008, 10:22 AM
Who owns the home? Or, in whose name is the lease?

motherof4ga
Jul 15, 2008, 10:32 AM
I own the home, he just lives there.

George_1950
Jul 15, 2008, 10:37 AM
You may need to make a demand for possession in writing. Here's a link for filing an eviction in Georgia. Georgia Evictions (http://www.rentlaw.com/eviction/gaeviction.htm)

George_1950
Jul 15, 2008, 10:44 AM
He's been living with me for a while, but has never paid the mortgage. He does pay some utilities, but now is refusing to leave. We have kids together and I think his reason for staying is to avoid paying child support. He is verbally abusive and has made threats. I fear that he will harm me physically, but has not yet... How can I evict him?
I believe you can file a petition/complaint asking for custody of the children, child support etc. and his removal of the home, along with the protections of the statutorily specified standing order: "Enjoins and restrains each party from doing or attempting to do or threatening to do any act which injures, maltreats, vilifies, molests, or harasses or which may, upon judicial determination, constitute threats, harassment, or stalking the adverse party or the child or children of the parties or any act which constitutes a violation of other civil or criminal laws of this state." 19-1-1 - Georgia 19-1-1 - Georgia Code :: Justia (http://law.justia.com/georgia/codes/19/19-1-1.html)

motherof4ga
Jul 15, 2008, 10:47 AM
Thank you George_1950! You've been very helpful!

George_1950
Jul 15, 2008, 10:52 AM
You are welcome; I hope you will get a lawyer, and get your will completed during your house-cleaning.