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Roger
Roger, Attorney
Category: Family Law
Satisfied Customers: 31009
Experience:  BV Rated by Martindale-Hubbell; SuperLawyer rating by Thompson-Reuters
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Thank you for taking the time to help me. I do not know what

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Thank you for taking the time to help me. I do not know what to do. I am in my fifties and married. I have a 30 something year old son living in my home. He does not work or pay for anything. For awhile now, the relationship between my son and I has become increasingly more intense. In the past, my son was diagnosed with bipolar disorder. However, he has not recieved any form of treatment in several years due to his unwillingness for help. Yesterday, we had an altercation at which time my son tore up the house, cursed me out and threw cold water on me twice. My husband turned a blind eye to whole situation only asking my son why he was acting like this. This all happened as we getting ready to leave and spend time with my grandson for his birthday. Before leaving to attend the party, I told both my husband and son that I refused to live this way any more and wanted him (my son) out of the house when I got back. However, my son refuses to leave and my husband is in fill agreement with him. My husband says that my son does not have to leave since his (my husband's) name is XXXXX XXXXX deed and he (my husband) does not want him to go. My husband just wants to let things quiet down and sweep it under the rug. But, I am scared. These outbursts are getting more frequent and more dangerous. My son needs help and I do not know how I can legally get it for him. I feel like I am all alone and need advice on the best way to handle this situation.
Hi - my name is XXXXX XXXXX I'm a Family Law litigation attorney in Tennessee. Thanks for your question.

This is a very difficult situation when you and your husband are not in agreement on how to handle the matter. Generally speaking, if you and your husband agreed, you could demand that he vacate the property immediately, and if he fails or refuses to do so, you could file civil trespassing charges in general sessions court and get a court order directing him to vacate. If he failed to do so at that point, you could get the authorities to remove him from the home.

However, if your husband is not willing to do this, the best way you can get something done is by filing harassment, assault and battery charges against your son for the altercation you had. You can ask the judge at the hearing for a restraining order. If the judge imposes a restraining order - - ruling that he must stay away from you - that would require him to vacate the house in order to stay away from you.

The best result would be if your husband will take your side and you can have him removed through the civil trespassing process. Otherwise, you'll have to file criminal charges and ask the court to order him out. via restraining order.
Customer: replied 3 years ago.

Legally, is there anyway I can make my son the medical attention he needs?

If you go to court, you can ask the judge to order that he be evaluated for his mental disorder. If that happens, the state agencies can step in and provide assistance.
Customer: replied 3 years ago.

To take this to the courts, what is the best way for me to procede with this?

All you need to do is contact the general sessions court clerk's office in your county and ask for help filing criminal charges against your son for harassment, assault/battery. They'll help you file the papers and get the process started.
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