[DJL2H]

I'll try to be short without any extra unnecessary remarks.

Basically, I'm Baby Daddy #1 (BD1) and I live in VA (stating for state law info for those that may answer). My daughter shares time between my home and her mother's home. In 2009, her mom moved in this dude to her home, which she owns. Fast forward to present 2011. My daughter's mother had a child with dude, now known as baby daddy #2 (BD2). The child is now 4 months. There have been issues in the home like arguing and physical encounters between the mother and BD2 and my daughter has witnessed some of this recently.

The mother wants BD2 out of her home (since Summer 2010 before the child was born). He was hard on his luck so she she has been passive in enforcing a date and move.

Yesterday my daughter called the police due to a physical encounter she saw with the BD2 holding the 4 month old in violently arguing with the mother. She felt the need to call the police. (1st incident she has witnessed to invoke her to be brave and call). Besides me wanting to go over and stomp his face, I'm trying to look for other means of resolution.

The police stated that even with e-mails stating she wanted him gone in 30 days that they could not make him vacate without a formal eviction through the courts. Since this was is primary residence even without a lease and not paying rent for a time. His mail being delivered granted his occupancy (amongst other things I'm sure). Now BD2 thinks he is untouchable. He is sort of holding the 4 month old hostage and will not let the mother interact to breastfeed, etc. He was supposed to and agreed to finally move out this past Sunday but all of a sudden became erratic and did a 180 on the move-out date.

Is there anything I can do on my end, through courts, to state that my daughter's other residence is dangerous and not good for her mental and possible physical health to get BD2 out in less than 30 days. More like by tomorrow?

The mother and I are friends and she just wants her home back.

[AK lawyer]

An emergency ex parte domestic violence restraining order ordering him to stay away from the home, would do it.

[ScottGem]

The mother needs to try for a Restraining order based on the domestic violence.

If that fails, then she has to go through the formal eviction process. She should serve him with a 30 day notice of termination of tenancy either way.

[Fr_Chuck]

When did she give a 30 day notice
And no, if she had wanted him out since before child was born he would be out, does not take months to get him out, he is still there because she allows it.

She gave 30 day notice ? You said she did, so on day 31, she files formal eviction in court

[DJL2H]

Thank you for the help. She is pursuing the 30 day notice paperwork attained from the courthouse. She had sent emails before, thinking that would suffice. She is also pursuing custody of the child but court dates aren't available until July at this time.