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LawTalk
LawTalk, Lawyer
Category: Criminal Law
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Experience:  30 years legal experience
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My 55 yr old husband have a 29 year old Son who we have allowed

Customer Question

My 55 yr old husband have a 29 year old Son who we have allowed to live at home all his life. He did leave for a few months to live with a girlfriend. When she kicked him out we stupidly let him come home with the (unwritten) stipulation he find a job.We even gave him my older suv when I got a new one. 6 months later he continues to smoke cigarets, pot and meth in his room. Calls us volatile name etx. We have custody of our 11 year old Granddaughter (not his child) It cane to a head on 1/29. We gave him a 3 day notice and he has been psycho and verbally abusive to me since then. I had to send Grandchild to a friends so she does not have to endure this and I should not either. He pays zero rent or food. We were able to get a court date expedited to2/8 however I can no longer live like this and have nowhere to go. The cops claim they can do nothing unless he inflicts or threatens BODILY harm to. I guess verbal abuse is nothing in there eyes. They tell ME to go to a shelter, I refuse. He told my Grandchild he was going to call CPS b/c I am a horrible grandma and she will be going to foster care. He sent a tx. to my husband saying " I never told my niece the. Mom is a liar and she is just scared and better be scared. I am wondering if any way that was a threat and if the cop are correct in that we can do nothing but ENDURE this verbal harassment. I would file harassment charges however, by the time it went to the DA office etc. the 2/8 court date will be over. He can appeal this eviction, and I pray if he does that he may not be in OUR house during the process. Thank you. We are going insane b/c of him. He gets in my face and screams at me and then say "go ahead Mom hit me, you want to, do it so your skanky heartless ass can go to jail. He also has a mental disorder and has refused meds. since age 19. He also stated" I heard someone put a hit out on you" But according to the law it was not a direct threat so again they can do nothing.
Lynn S. Raineri-We live in Magnolia Texas, county of Montgomery.
Submitted: 2 years ago.
Category: Criminal Law
Expert:  LawTalk replied 2 years ago.
Good morning Lynn,

I'm sorry to hear of your dilemma.

Perhaps the quickest method to get him out of the house is to have the police come and arrest him for possession and use of the illegal drugs. Once he is arrested for that, you may seek a protective order against him based on the fact that you have custody of a minor grandchild and the illegal drugs being used in the home constitute child endangerment.

At the same time you will need to follow through with the eviction.

And, in the meantime, consider applying to the court for a restraining order against him based on the fact that he is using illegal drugs in your home while your minor grandchild is present in the home. If you can get the court to issue the temporary restraining order, he will be excluded from the home and ordered not to have contact with you until the hearing on the restraining order---which in Texas is typically two to three weeks after the temporary order is issued.

I wish you the best in 2012.

Because I help people here, like you, for a living---this is not a hobby for me, and I sincerely XXXXX XXXXX abiding by the honor system as regards XXXXX XXXXX I wish you and your family the best in your respective futures.

Would you be so kind as to Accept my Answer so that I may be compensated for assisting you? Bonuses for greatly informative and helpful answers are very much appreciated. Thanks Again,

Doug

LawTalk, Lawyer
Category: Criminal Law
Satisfied Customers: 27889
Experience: 30 years legal experience
LawTalk and 4 other Criminal Law Specialists are ready to help you
Customer: replied 2 years ago.
Doug, we tried the search his room rout, cops claim they can not do it w/o his permission which of course he will not give. I do not know much about emg. protective orders but feel that by the time we went though the process and the DA approved that our 2/8 court date will have already passed. I am praying the Judge will review police reports and all the documentaion of incidents that have occured( I have keeping records) and give him the boot on the 8TH. I am not psycic nor are you however, I think there is a high probabitity b/c of the minor in the houes.
Why he is getting the right to appeal and the right to an Attorney and a Jury trial is beyond me for an eviction which I thought was a civil case. I have my Masters in CJ but this stuff was not taught. I became a Social Worker.
Expert:  LawTalk replied 2 years ago.
A temporary restraining order may be applied for at the court house and is often issued within 24 hours. This is NOT a noticed motion, and your son will not have the ability to argue against the issuance of the Temporary order.

While there is a risk that your son could sue you for searching his room (invasion of privacy), and while the cops won't search without his permission, if you do it and hand over the evidence to them---they can then use the evidence against him.

You clearly are in need of assistance from a local attorney. Perhaps you might speak with a local criminal defense attorney as to how you might proceed in getting your son arrested and detained, just long enough for you to get the TRO.

Doug
Customer: replied 2 years ago.
Thank you Doug. Being that we have spent our life savings ( aprox) $1200,00 on 3 custody battels whic had to take place In Ca. as that is where her Mom lives and Mom continues to try to get coustody of grandchid w/o legal rep. we are tapped out.
Expert:  LawTalk replied 2 years ago.
Good luck to you---and remember, No good deed goes unpunished. I'm not overly pessimistic, just a bit jaded.

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