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Legalease
Legalease, Lawyer
Category: Family Law
Satisfied Customers: 16288
Experience:  13 years experience, divorce & custody issues, protective orders, child abuse issues
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A married couple in their eighties have three children, and

Customer Question

A married couple in their eighties have three children, and when one of them visits she drinks 3 or 4 bottles of wine a day, and is abusive to her octogenarian mother. This elderly lady has 5 stents in her heart and high blood pressure that is very difficult to control when she's upset. Strokes have killed almost everyone in her immediate family. When she can't get her abusive daughter to leave, the daughter goes to her father , who is very hard of hearing, and because he's not the object of the abuse (which goes on for hours and hours and hours) he doesn't back up his wife and ask his daughter to leave.
What is the law concerning whether or not this daughter can stay visiting if the mother calls 911 to have the police expel her daughter, if the daughter runs to the father and asks him is she can stay? If the two owners of the house disagree about wanting this daughter there, what do the police have to do if they are summoned to the home? It is a life or death situation for the mother due to her heart and blood pressure issues. A stroke or heart attack seems imminent as the symptoms start to occur and nitroglycerin tablets are taken by the mother.
This daughter is busting from out of town and is no longer welcome. What will happen if 911 responds with police and the father says he wants his daughter to stay, despite what's happening to his wife?
Submitted: 3 months ago.
Category: Family Law
Expert:  Legalease replied 3 months ago.

Hello there --

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THe law is very clear that if only one owner wants an unwanted person removed by the police, then the police MUST remove that person (especially if the owner requesting removal is as sick as you say -- then it becomes harassment of a disabled and elderly person if your parents want to pursue charges). Your parents can even ask the police to simply escort the child off the property or home rather than arresting her if they do not want to go through the absolute hell of placing charges against the child (however, if she is really abusive then your mother may want to consider getting a restraining order -- there is plenty of time for that because if she calls 911 she can simply ask the police to escort the disruptive child off the property and then if it happens a few more times, then your mother may want to press charges and get a restraining order to keep the child away from the house. Please tell them not to worry about calling 911 because the police will do something at her own word even if she just wants the daughter escorted out of the house and off the property at that point in time.

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I hope that helps. Please let me know if you have any further questions. If not, can you please press a positive rating above in the ratings section so I will be paid for my time assisting you? I am paid nothing for answering your questions unless you press the middle star or the fourth or fifth star to the right of the middle star above. Doing so will not cost you any additional money -- it simply acts as the trigger to Just Answer to pay me for my time for assisting you today. THANK YOU VERY MUCH !!

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MARY

Customer: replied 3 months ago.
Just to be sure, the father who isn't a victim of the abuse and is being touted as the reason the daughter refuses to go , "Dad wants me here" , even if he were to contradict the mother the daughter eoyld still be escorted off the property with one parent adamant she's causing possible strokes, and the other parent stating he's seen nothing of the abuse, the mothers wishes will be carried out? There is a writes there who can attest that the mother is being truthful, the daughter horrible and purposefully being destructive and hateful, while the father is hard of hearing and not willing to admit how terrible his daughter can be; the witness will make a truthful statement but it would be better if the mothers word alone did the job. I understand that the mothers complaint alone will solve this problem, should she call 911. Right?
Expert:  Legalease replied 3 months ago.

Yes, the mother's complaint alone will solve the problem despite what dad says. Just make sure that the police are escorted in to speak to the mother alone so she can tell the police directly that mother wants the daughter removed at that time due to health care issues and the police will escort her hout of the house and off the property. After a few such calls to 911 your mother can then decide if she wants to take a restraining order out on the daughter to keep her away from the house insuch a condition. That is a decision only your mother can make.

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MARY

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