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ScotFinn · May 18, 2008, 05:51 AM

How do I go about evicting an abusive boyfriend from my home after 4 years? He has never established it as a mail address, received phone calls, paid rent, occasionally gives me money towards bills he runs up on my credit card, intimidates me. I need to get him out quickly, as he has a violent temper. I live in Virginia.What procedures do I need to take to protect myself and get him out of my home?

ChihuahuaMomma · May 18, 2008, 05:57 AM

If you can prove that he is abusive then you can get a restraining order against him, and I think that may constitute automatic eviction.

Fr_Chuck · May 18, 2008, 06:24 AM

IF you have documented the abuse, called police when it happened and /or have other proof of the danager yes you may get a order of protection or restraining order. Beyond that you will have to give him notice to move, and if he does not follow up with eviction though the courts.

JudyKayTee · May 18, 2008, 07:42 AM

Originally Posted by ChihuahuaMomma

If you can prove that he is abusive then you can get a restraining order against him, and I think that may constitute automatic eviction.

I've never heard of an automatic eviction but I'm not in Virginia.

Yes, get a restraining order against him or evict him - either way you'll have a few rough days between when he's served and when the matter is heard.

ChihuahuaMomma · May 18, 2008, 09:37 AM

Well, I assume that in the restraining order he has to remain a certain distance from her. Would that not allow him in her house?

ScottGem · May 18, 2008, 10:07 AM

Momma is correct here. Your best bet is a restraining order against him. While I wouldn't call this an automatic eviction, the result would be to force him to move or go to jail for violating the order. Once you get the order, you can have the police escort him the house to remove his things.. Then you call a locksmith and have the locks changed.

JudyKayTee · May 18, 2008, 10:58 AM

Originally Posted by ScottGem

Momma is correct here. Your best bet is a restraining order against him. While I wouldn't call this an automatic eviction, the end result would be to force him to move or go to jail for violating the order. Once you get the order, you can have the police escort him the house to remove his things.. Then you call a locksmith and have the locks changed.

Again, only in my area but when there is a restraining order and it's a landlord/tenant situation (boyfriend/girlfriend) the party obtaining the restraining order is also advised to legally evict the other person.

Obviously it's different in different places and I only know what's ordered in the cases where I'm actually in the Courtroom -

JudyKayTee · May 18, 2008, 12:43 PM

ScottGem agrees: OK, that makes sense.

Making sense is often the first sign it's not good legal advice - :D :D

ScotFinn · May 18, 2008, 02:30 PM

Thank you for the answers. He is not physically abusive to me, as he has twice been arrested in another relationship and is afraid of three strikes he goes to jail. Abuse is mental and clever ,as he has energy and time since he works short hours compared to me.I will consult the commonwealth's attorney in my county for advice to proper legal way to remove him permanently. The danger zone is when he finds out I am going to evict him and the actual time it takes to have done. I will have the locks rekeyed, authority figure at my home when his possessions are removed for my protection and get a restraining order against him. He is afraid of the law from past run ins. Thank you all again for your helpful answers . :>)