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If she has established a residency in your home, then you need to file an eviction. You can go to the Court in your county and explain the matter, request the eviction form and see if you can get an emergency hearing and injunction to keep her out until there is a full eviction hearing. However, I do not believe they will do that for you simply because if she is in jail and has no where else to go, they will not want her on the street or homeless.
What you were told about the restraining order is correct. You would need to state that you are concerned for and in fear of your physical safety for one to be issued.
At this time, you will need to serve her a Notice to Vacate the premises within 30 days of receipt of the Notice and then if she doesn't you will need to begin the eviction process by filing in court.
Unfortunately, there is no easy of quick method to accomplish this
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Thank you. How would she "establish residency"? She has mail going both to my house, and what I thought was her own residence. I only found out from talking to her father after she was arrested that that residence is actually her grandmother's residence. Her parent's won't have anything to do with her. But most of her mail goes to the other residence.
If I can't get her out in 30 days, how do I protect myself and my property?
Also, how do I get a "Notice to Vacate"?
A Notice to Vacate can simply be written by you and it says "This is a Notice to Vacate the premises (address) within 30 days of the date of this letter. Your failure to do so will result in eviction proceedings" Sign it and hand it to her
If she has not changed her state ID such as a driver's license to your address and has dual addresses for getting mail, then you could just as well say she does not live there, but was a guest. In that case, just have her things packed, ready to go, give them to her family, change your locks and move on.
You can tell her where her property is and that if she comes to your home, you will have her arrested for trespassing.
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