Wow! All I can say is I hope this all turns out for the better for you. I would call the police Every time they do something. Maybe after 25 calls they will FINALLY DO SOMETHING!
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Wow! All I can say is I hope this all turns out for the better for you. I would call the police Every time they do something. Maybe after 25 calls they will FINALLY DO SOMETHING!
Quote:
Originally Posted by achampio21
Legally no matter how many times she calls the Police this is a domestic matter - not a criminal matter. Unfortunate but the circumstances being what they are, that is the legal answer.
I would suggest against continuing to call the Police after being told they cannot assist because some day OP may need them and they will not take her seriously.
... and actually the police can get tired of them calling and fine them.
In my neighborhood the police come anywhere from 2 to 30 times a day for the same few families. Often they end up saying if you call us one more time we are fining you or taking ALL parties anyway involved to jail.
Quote:
Originally Posted by N0help4u
You're right - same in my neighborhood. Also same thing with alarm systems. They get called, they've been called before, no grounds, they write you up - I have no idea what the charge is.
Even though they are destroying private property!! That really sucks. Well, then I retract my statement and offer this in return...
Once they are gone, DON'T EVER allow them back again.
Good luck again. And keep us updated.
At a point they are being destructive you MIGHT have a case but in the case of the pool police say it was their pool.
Most I can see is they could take them to court for $ damage of anything ruined by emptying the water ---maybe.
Man. You know, I think they should have a law class in High school instead of college. A class that is only for state and federal laws. To make people clear on each particular law and the most frequently abused ones. What the penalties are and so on. I think people sometimes break laws unintentionally and get severe punishment and then some people get away with all kinds of stuff.
There has to be SOMETHING that can help this OP. I can't imagine that it is totally OK for her son to destroy her property and trash the house and yard and be so horrible and threatening to her and nothing can be done. But if she did that to her neighbor, she would go to jail.
I will try to research any loopholes for you to get them out for you.
Quote:
Originally Posted by achampio21
Attorneys and paraprofessionals do post on this board - there are no "loopholes." This is family law, not civil, not criminal.
Since the police will not get involved she needs to sue for $ damages of what they destroyed
Not that she will ever see a dime but it is about all she can do
Protection From Abuse order might work but...
Quote:
Originally Posted by achampio21
Actually many high schools offer business or personal law courses - I don't know how in depth the classes are.
My stepdaughter (who is an Attorney) taught at the high school level as a volunteer but the school discontinued the classes because she was asked and gave advice on various topics - and then discovered she had about 50% of the necessary info and was being quoted as the legal authority - based, as I said, on incorrect advice.
She had no desire to be sued - nor did the school.
Domestic violence law and the term "domestic violence" usually refers to crimes involving domestic abuse, such as child abuse and child neglect, spousal abuse or domestic-partner abuse, and elder abuse. Domestic abuse isn't just physical; it also covers the threats, emotional abuse, harassment, and stalking that a spouse, partner, or date uses to control someone else's behavior. The abuse can be directed against anyone: children, former partners, roommates, and parents, but it is most typically directed against women. Domestic violence is a crime in all 50 states. However, in addition to cooperating with the prosecution of criminal charges, the victim of domestic violence can file civil charges. Read the following domestic violence information to learn more about domestic violence law, domestic abuse law and spousal abuse. You can locate a domestic violence lawyer, attorney or a child abuse lawyer by using the lawyer search directory.
** link to another question board deleted
Where do you see domestic abuse here - ? Allowing a pool to turn green isn't domestic abuse.
Attorneys sponsor this board, pay the freight, are very supportive - they are the ones whose names should be posted, they are the ones who should be consulted, not some paid Internet site which is counting "hits."
Lawyer states that they are harassing, verbal and ruining my property, and credit and he's my son and his wife. He sates its domestic abuse
Baincristina... what's the update? Did the attorney advise you to give notice and begin eviction proceedings? Have you done so? And what kind of time frame are you working with now?Quote:
Originally Posted by baincristina
Thanks for caring rockinmommy. As he's my son and there's no written lease.lawyer said if they do too much get restraing order. Not landlord tenant.but they are cleaning up and moving things. Watching close as I know there up to something. They said I don't have certificate to rent and they would do something to me. I wasn't renting I took the family home he's in his own room with wife. But she is trying to get me for everything possible!!
Quote:
Originally Posted by baincristina
If your Attorney believes this is domestic abuse I don't understand why your Attorney isn't moving to have them charged with domestic abuse. You don't need to go through the Police when it's domestic abuse - you go to the Court, file for a retraining order, ask for an emergency hearing if need be and get your Order.
Ruining your credit and property are most definitely not domestic abuse but certainly harassment is - it depends on the level of that harassment.
I don't understand - if it is domestic abuse - why your Attorney isn't recommending that you act. But you don't need an Attorney - go to the Courthouse and file.
And please let us know if you are able to get a restraining order on that charge.
I will say this with some hesitation, you may want to talk to a second attorney, this is obviously landlord / tenant law. Same as a 19 year old that grew up in the house that you need to removed from the house that is doing nothing wrong at all.
There are many issues, first if there is damage to your personal property and/or damage to the home, and it is done in anger during a argument, it is domestic violence and they can be arrested for it.
If they just damage it without argument or threats, it is just damage and a civil issue.
And it sounds like your attorney is not having you do anything but hope they move out and not destroy a lot. This is not right, there are many things you can do, to evict them. I am sorry it does not sound like your attorney is telling you everything possible to do. Or he is and you do not want to be hard and tough enough to do it.
Amen, Father! (I have to spread it around.)Quote:
Originally Posted by Fr_Chuck
Quote:
Originally Posted by rockinmommy
Thread should be closed - so many posts have been pulled that thread no longer makes sense and it's turned into an argument, not legal advice.
[QUOTE=Comments on this post
Fr_Chuck agrees: promised them a green to balance, can't find the post with red, so here is a green]
That's because the post itself and any comments and all that followed got pulled. :D
Post Closed,
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