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My question is I am in the process of splitting with my CL, he does not want the breakup or necessarily the relationship, but just to come and go as he pleases which is what he pretty much does now. I own the house so we are clear on that issue but how to I get him to move out when he refuses to go? Changing the locks ploy does not work, as I was informed by local police.
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Originally Posted by DenisePaterson
He has to be evicted according to the laws of your State - he's somewhere between resident and invited guest.
What State?
And, no, you can't lock him out.
Ok, legally you can't lock him out but then it is done every day everywhere by some boyfrined and girl friend once locked out, all he can do is sue you for unlawful eviction.
But you give him official notice to move, and file eviction in housing court to get him out legally.
Ok I will have to find out what our eviction policies are here, I am not in a state but in Ontario, Canada. I do not want to resort to the lock changing tactic as he will go nuts and it would get very ugly in a hurry! Thanks for the advice.
Could you posibley get a restraing order against him and then have him removed from the home
Angry, manipulative women can use an order to remove a spouse for a variety of reasons - want a new boyfriend, don't want to go through the tedious custody process to get kids, want freedom, want child support, want vengeance, etc. The anti-gun wackos can disarm a huge chunk of the populace without the inconvenience of legislation. The pro-tax crowd can clamor for more money 'for the children'. The educrats can enhance their power by denying school records to anyone with a restraining order. The offense to families by this law is truly frightening.
The restraining order law is perhaps the second most unconstitutional abomination in our legal system.The restraining order process is designed to allow an order to be issued very easily, and to be appealed, stopped, or vacated only with the utmost difficulty.
What is the actual legal basis for getting an abuse restraining order? Many courts issue restraining orders without following the requirements of the law (which are already so flimsy as to be a mockery.) If a person comes in to court (called the 'complainant' or 'plaintiff') and whines about feeling 'fear', a court will often issue an order, even though many times it is improper and illegal to do it.
The occurrence of one or more of the following acts between family or household members:
1. attempting to cause or causing physical harm;
2. placing another in fear of imminent serious physical harm;
3. causing another to engage involuntarily in sexual relations by force, threat or duress.
The clause which is most misused is (b) above, "placing another in fear of imminent serious physical harm." Often a mere allegation of fear, without showing a factual basis for that fear, is enough for a court to issue an order.
The worst feature of the restraining order law is that it allows a person to go to court and get an order, without the other person present. That means that any lie will do, since no one is there to rebut it. As a consequence, without any input in the matter, a person can lose their children, their home, their money, their guns, and their freedom. This is crueler tyranny than any civilized land has ever tolerated, and approximates the tactics of one Vladimir Ulyanov, aka Lenin, during the Bolshevik Revolution.
I am not against the real victims. I am against those false claims!
Everybody makes choices, and nobody should be entitled to special treatment because of those choices.
Equal results based on unequal treatment amounts to no kind of equality at all !!!
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