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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 111537
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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My daughter and her husband are living

Customer Question

Hi, my name is Kelly
My daughter and her husband are living in our house. My husband had texted my daughter and asked if they had the other half of the money they were to give us for living here. Her husband got mad said he was moving back home to his mothers. So my daughter continued texting her dad and was obviously angry and upset. My husband than called me and informed me she was angry. When I returned home her husband was in the kitchen. I asked him about the money and when he thought he'd have it. My daughter was yelling at me at the top of her lungs from upstairs. And now her husband has a tone with me. I walk away and start to go into my room and my daughter is in my face yelling. Then her husband stands in front of her she's yelling. I came at her witch didn't happen while he's backing her up into there room, at this time I'm yelling back at her. Her husband shoves me to the ground I hit my arm on the door jam. I got up. Pretty pissed yelling "get out of my house" I got into the car and called 911. Briefly explained about the money and him pushing me. They said I couldn't kick them out so I hung up and left. Now my daughter is saying I came home yelling at them and coming at her and I tryed to choke one of them her chest was red from yelling and him backing her into there room while she was swinging at me. So everything they are saying is totally a complete lie. I returned home a few hours later they were gone. Haven't talked to them since. Now I'm hereing that I put a towel in his gas tank and lite it on fire. Witch it so scarey to think she would actually accuse me of doing. I'm not sure what to do. Should I get a restaining order. What else is she going to lie about?
Submitted: 1 year ago.
Category: Family Law
Expert:  P. Simmons replied 1 year ago.
Hi, My name is Philip. I am an attorney with over 16 years experience. Hopefully I can help you with your legal question.
I'm very sorry for this dilemma. Can you tell me, have charges been filed in this case by anyone?
Customer: replied 1 year ago.
No.
Customer: replied 1 year ago.
As far as I know.
Expert:  P. Simmons replied 1 year ago.
First, it's important to understand that you need to give them notice, in writing, before you evict them. The police/911 are correct, you can simply kick them out.
So you have a few options: one, you can give them notice, in writing, 30 days to leave. After the 30 days have passed if they have not left, you can take them to court to evict them.
Also, if they owe money for rent, you can give them notice, and five days to pay that money. If they do not pay the money they owe with in the five days, then you can take them to court and ask the court to evict.
So it is possible to remove them.
As for the lies your daughter is spreading about you? What you describe sounds a lot like defamation. Specifically, if she is lying about you and those lies are harming your reputation, you could sue her for defamation and recover for the harm your suffering because of her lies.
Finally, you mentioned a restraining order. The court would not issue a restraining order based on false accusations. However, they will issue a restraining order if you have fear for your or your spouse's safety. If she has made threats or any indication that she could be a threat to your safety? That would be a basis to request a restraining order from the court. a restraining order is fairly simple to accomplish; you can do it yourself at the county court. Simply head to the county court and chat with the clerk of the court, they can give you the forms to begin the process to request a restraining order.
Please let me know if you have more questions. I am happy to help if I can. Otherwise, please rate the answer so I may get credit for my work.
Customer: replied 1 year ago.
My daughter knows she's lying. That's why she didn't file charges. But my older daughter is saying she's accusing me of starting a fire in the gas tank of there car. And the police took the towel or rag whatever with them for evedance. After he pushed me down and I told them to get out. I called the 911. They told me I couldn't kick them out I hung up and left. So am I going to get into trouble for something I'm accused of doing. This is crazy.
Expert:  P. Simmons replied 1 year ago.
Sorry, I do not understand you follow on question. Did you want to chat on the phone?
Customer: replied 1 year ago.
No, thanks this is not helping me.
Expert:  P. Simmons replied 1 year ago.
Ma'am I wish you the best
Customer: replied 1 year ago.
Thank you
Expert:  Law Educator, Esq. replied 1 year ago.
Thank you for your question. Your other expert had to leave and I am a different contributor looking forward to assisting you with information you are seeking for educational purposes only.
The previous expert was correct about you evicting your daughter, but I failed to see any follow up question other than you claiming it was not helpful. In order for us to try to provide helpful information, within what the laws provide, of course (sometimes laws are not helpful and that is not our fault), you need to tell us specifically what more you would like to know. Thank you.

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