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LawTalk
LawTalk, Attorney and Counselor at Law
Category: Family Law
Satisfied Customers: 35309
Experience:  30 years legal experience. I remain current in Family Law through regular continuing education.
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I have a 35 year old drug addict son who has disrupted our

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I have a 35 year old drug addict son who has disrupted our lives for more years than I care to admit to. What recourse of action will it take to have him banned from our home and out of our lives ?
Good morning,

I'm Doug, and I'm very sorry to hear of your situation. My goal is to provide you with excellent service today. In order to give you a clear and concise answer, I will need some additional information about the circumstances, please.

1. Is your son presently living in your home?

2. Has he recently done damage to any of your property, or physically harmed any of the other family members?

Doug

Customer: replied 3 years ago.

lives in the home has caused no damage . constantly badgers for money comes in ar 2 - 3 am disrupting the household.

Good morning Jim,

Thanks for the additional information.

If your son will not leave voluntarily, and because he is an adult and has been allowed to live there and treat your home as his residence, he must be formally evicted.

To begin the process, you will need to hand him, or post on his bedroom door, a written Notice of Termination of Tenancy. The Notice must state a date in the future on which hos tenancy in your home is terminated, and that date must be at least 30 days after the date that you "serve" this notice on him.

If he has not relocated after that time, you will have to file a Forcible Entry and Detainer action in the local county court. This is done by preparing your Complaint, Summons and Civil Cover sheet,a nd submitting them to the court clerk. Then you will need the Sheriff to serve your son with the Summons and Complaint.

The process takes several weeks and after that the court will issue you the eviction order and you can apply to have the Sheriff physically remove your son.

I would strongly suggest that you utilize a landlord-tenant attorney to do this, because when family members try and do this themselves, there is often damage or violence done in retaliation and before the eviction can be accomplished.

In the meantime, if your son strikes, violently grabs, or pushes any of you physically, or breaks anything in your presence in an attempt to frighten any of you immediately contact police and ask that he be arrested for Domestic Violence. The next day you can apply to the court for a Protective Order and keep him from coming back to the home while you process the eviction proceeding.

You may reply back to me using the Continue the Conversation or Reply to Expert link and I will be happy to continue to assist you until I am able to address your concerns, to your satisfaction.

Please remember to rate my service to you when our communication is completed.

I wish you the best in 2013,

Doug
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Thank you for your positive rating of my service, Jim. It has been my pleasure to assist you and I hope than you will ask for me on JustAnswer should a future need ever arise.

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Thanks again.

Doug

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