[ReneeK]

I live in Fresno, CA.
My father in law has stayed with me for a few months (unsure how long). He soon became aggressive towards my children. My husband has spoken to him many times telling him that he would need to stop hitting the kids. It got to the point that the kids were begging us to get him out. Last month (June 6 actually it is now July 18) I asked him to leave he said fine that consider this is 30 day notice. As you can tell it is quite over the 30 days. I have asked when he was going to be leaving but, just given the old he is looking. Yesterday, I again told them I want him out. My mother in law who is here also, started screaming at me. Telling me if I wanted him out them to evict him but that he wasn't leaving. It escalated rapidly because these two VERY much think that violence is the way to solve things. ( I don't know how my husband came out as good as he did) He got on the phone told the police I was a bad mother and that they needed to come and threw me in jail. That didn't work. I went into the hall way where my father in law was stand he started making verbal threats to me. I didn't back down from him, he then tried to strike me. Only missing because I took a step back. I don't know how to get them out. They refuse to leave my husband thinks leaving things alone and letting things "work themselves out" is the way to go. Please give me advice as to how to get them out. The police said they can't ask him to leave. He is NOT on the lease really shouldn't be here. I let him stay because he had nothing else. Now I regret it.
HELP!

[excon]

Hello Ren:

You're between a rock and a hard place. This is a job for your husband. He's not doing it. I'd throw him out along with his no good parents.

In the eyes of the law, he's either a guest, a tenant or a trespasser. If the cops don't think he's a tenant, then he's a trespasser. No, they won't "ask" him to leave. But, if you tell them that YOU want him removed, they should do it.

Or, you could just wait till their gone, change the locks and put their stuff on the curb.

At the same time, apply for a restraining order. If it's granted, he will be removed.

Why would I throw your husband out too? Tell me, just how well are you going to be getting along when you've just thrown his parents onto the street?

excon

[ScottGem]

You need to file a criminal complaint against him for child abuse (stiking the kids), attempted assault (against you), filing a false police report (accusing you of being a bad mother) and trespassing. Your husband NEEDS to do this with you, but if he won't do it without him.

If you want to give it one more chance, give them one week to move or you will file such a report. Since they don't have a lease and are family, you really can't evict them, but since they represent a danger to your kids and you, you should be able to have them removed for domestic violence.