(MIL)Mother in law(74) lives in Round Rock Tx; (SIL)Sister in Law (53) lived with her 13yrs; SIL had no income, contributed nothing to household; SIL became abuse; Elderly Welfare Service contacted and told MIL to evict SIL, also told SIL to leave; SIL left 1/11; SIL property moved to storage; MIL attempted to evict but Justice of Peace state not eviction matter as only land-lord/tenant requires eviction; MIL paid for motel room for week for SIL; SIL now returning and harassing MIL; Round Rock Police contacted several times by MIL; escorted SIL off property each time; Last time, 1/24/08, Round Rock Police stated they would not continue escorting SIL off property and for MIL to start eviction process; If Justice of Peace state not eviction matter and police say it is what can MIL do?

Time for a meeting between the chief of police and the justice of the peace so that they can get on the same page.

Right... Thanks for the advise on getting two separate State Entities to fix a law problem. I'm sure with a simple phone call I can get the J.O.P and city police to sit down together and come up with a solution.

Does anyone know actual case law or the Texas residency law pertaining to family members?

I don't understand your question; can you rephrase it?

MIL needs to get a restraining order against SIL. SIL is no longer a tenant since she's moved out so eviction is moot. What needs to be done is prevent the SIL from coming near the MIL. For that you need a restraining order. The police will then have to enforce it.

Police state that since MIL has stated that abuse was verbal, in the past, and not corroborated by police report, they have no basis for police report as foundation for the TPO. It sounds like RR Police are unsure of what to do, and want MIL and SIL to resolve issue on their own. Should MIL and SIL's daughter (who still resides in residence) contact PD, and get a report on record of all abuse and violence in the past? Would that be enough to get TPO? Can you get a TPO in Georgia for a family member living in the residence?

So the SIL moved back in? Why didn't MIL change the locks after she moved out?

The MIL needs to document all the abuse and see if she can get a restrianing order.

We can't predict what a court will do, but you have to try,

If she needs a lawyer, MIL may qualify for legal aid. Why are you asking about a TPO in Georgia; I thought the parties are in Texas. I don't think a TPO would be worth anything if the parties are living in the same home; in that situation, they need a preacher.

Sorry, I meant Texas, I am actually in Ga.

No, she has not moved back in. But she keeps returning to the residence, and the police keep being called. The most they do is escort her off the property. Since moving out, the MIL is the one who moved SIL's stuff into storage. SIL does not want to move out. She has had a free ride for 13 years, and refuses to work. SIL keeps telling police that MIL is trying to kill her by poisoning her through air vents. Police know SIL is nutz, but they don't feel she is a threat.

In Georgia, case law has stated that if a person willingly leaves, they give up right to residency. Is it the same in Texas? And if so, can the police actually enforce it, as the SIL has resided at the residence for 13 years. SIL has told police that she did not willingly leave. MIL told SIL she had to leave.

This is a small mess. The police are doing what they can. SIL is actually trespassing and can be arrested if she will not leave, and the police know this and don't want to burden her. You might contact the county mental health clinic (police may get the phone number for you), and contact a pastor, priest, or rabbi (there may be a ministerial association in the area, also) for counseling. Thanks for your work on this, keeping it from becoming a tragedy.

So if she hasn't moved back in then the MIL should change the locks and not allow her inside. Then file for a restraining order.

First, Thanks to both of you. I appreciate any advice on these matters. Now that I've said that I can go on.

The locks have been changed, and MIL has actually had an alarm system put in. She is standing by her decision FOR NOW. However, it seems like she is starting to waiver. She is now telling the police things like "well I did not really feel she was endangering my life, she just scared me". So I am really getting worried that she might give up, and allow SIL back into the house.

As far as RR Police, I know they are trying, but they are not clear on the law either. Heck, I am an officer in GA and I have dealt with these matters before, and they confused me also. The problem is this is such a gray area in the law, no one, even the Justice of the Peace can advise on the legal requirements.

You would think the recommendation from Elderly Services would be basis for either eviction or TPO in itself, but they also state they are unsure.

Again, she is already out of the house and the locks changed. So eviction is moot. What's needed is to stop the harassment and the only thing that can do that is a restraining order.

Oh yeah. Forgot to mention that we have contacted the local mental health facility. Without a documented incident which shows she is either a threat to herself or others, they cannot do anything. On this mornings incident, she was actually escorted to St. Vincents, which is a church that specializes in relocation and getting people back on their feet.

Well, that's what I thought also. However when the police were contacted earlier this AM, they advised MIL that they would probably not keep transporting SIL off property, and that she is still legally a resident.

Advise the police that the property is leased to MIL and that the locks have been changed to prevent SIL from further breaches of the peace. If she is on the premises and refuses to leave, it is a trespass; and will become a criminal trespass. The police understand this, but it sounds like they also understand they are dealing with someone who is impaired, and they don't want to get involved. I think you have to work up the chain: the police have a chief, the chief has a city manager, the manager has a city council; there is probably also a sheriff who can advise you as well. Where I live, the sheriff is about the most knowledgeable resource anyway.

Appreciate it gents. I will try to convince her on the TPO route. I have to go to work now, but will check back tomorrow morning.

Remember the police are not lawyers. In many cases the police do not know the finer points of law. It's up to the County Attorney or Prosecutor to determine the applicability of the law.

From a previous note, you said "also told SIL to leave; SIL left 1/11". As soon as she moved out she ceased to be a resident.