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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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I let my boyfriend stay with me and now we are on the outs.

Customer Question

I let my boyfriend stay with me and now we are on the outs. I asked him to leave and now I'm locked in my room as he is destroying my house. I know I could call the police but they will just say it's a civil matter. He already smashed my iPhone and took all the pieces to it so I don't have proof he did it. What legal route do I take to get him out now? Do I, as the homeowner have to leave to keep the peace?
Submitted: 8 months ago.
Category: Legal
Expert:  CalAttorney2 replied 8 months ago.

Dear Customer,

If he is damaging your property, it is no longer a civil matter and law enforcement can remove him.

You can file for a civil restraining order (here: http://www.courts.ca.gov/selfhelp-domesticviolence.htm)

This can be filed on Tuesday when the courts open and will prevent him from returning to your home.

AT THE SAME TIME: You can also initiate an eviction (use a 3 day notice to quit (ex. http://www.tsci.com/pdfs/form577.pdf) based on his damage to property)

For help with the eviction process: http://www.courts.ca.gov/selfhelp-eviction.htm

(So you can do all 3, call the police, file for a restraining order, and initiate an eviction. But you need to ensure that you start the eviction process to ensure that he is evicted from your home).

Customer: replied 8 months ago.
I have no proof because he took all the pieces of the phone. Should I just leave? I can take a video of the house before I go and come back on Tuesday to reasses the damage if any right?
Expert:  CalAttorney2 replied 8 months ago.

You should not be forced from your own home. If you are afraid for your own safety, please contact law enforcement.

Customer: replied 8 months ago.
Thanks
Expert:  CalAttorney2 replied 8 months ago.

You are welcome, and I do wish you the best with this matter.

Thank you for using our forum, and please do not forget to rate my service so that I can receive credit for assisting you.

If you would like to direct future questions to me specifically, you can do so by starting your new question with "For William B. Esq." and a moderator will notify me.

Thank you again, and again I wish you the best.

Bill

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