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Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 26837
Experience:  18 years of litigation experience.
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I need to get my Mothers live in companion out of our house?

Customer Question

I need to get my Mothers live in companion out of our house?
JA: Family law varies by state. What state are you in?
Customer: Ohio
JA: Have you talked to a lawyer yet?
Customer: Yes. My step-father, for a lack of a better title attacked me and I was arrested for defending myself and now he has a restraining order against me, and won't leave our house so we can go home. He was ordered on 7/22/16 to not have further contact with me. then attacked me on 7/26/16 When I defended myself I was arrested for domestic valance. When he filed a restraining order against me he was given a REASONABLE amount of time to vacate my property. But that was on 8/4/16 and he still hasn't left and my lawyer is no longer returning my calls.
JA: OK. To minimize me, please click the down arrow at the top right corner of this box.
Customer: What can I do now?
JA: Anything else you want the lawyer to know before I connect you?
Customer: I don't believe they are legally married my Mom and I own the house and he has never contributed to the household expenses or paid rent. He is driving us into bankruptcy because we have to pay to live else ware and the expenses associated with the house he will not leave.
Submitted: 9 months ago.
Category: Family Law
Customer: replied 9 months ago.
Do you refer me to a local lawyer?
Expert:  Zoey, JD replied 9 months ago.


I'm Zoey and I'll be assisting you. I'm reviewing your question now. Are you online at this time?

Customer: replied 9 months ago.
Expert:  Zoey, JD replied 9 months ago.

Thank you.

Does your mother want him out of the house too? If so and your mother and you own the house, and he is not married to her, your mother could go to a civil attorney and begin Eviction proceedings against him.

Did you both try getting the judge and/or the police to enforce the order that he leave? That would be your first alternative.

Customer: replied 9 months ago.
she wants him out to, but he has already ben ordered to vacate in a reasonable amount of time almost two months ago.
Customer: replied 9 months ago.
How long should we wait?
Customer: replied 9 months ago.
I called my lawyer last Monday and he said he would call the mans victim rights advocate and see what's going on, but now he isn't returning my calls.
Customer: replied 9 months ago.
Should I call the sheriffs office and see if they will have him removed per the court order?
Expert:  Zoey, JD replied 9 months ago.

I would suggest that your mother call the sheriff's office and see if she can get the court order enforced. He has had a reasonable amount of time to leave already. The reason I say she should do it and not you is that you are now a defendant on a case related to your stepfather. You shouldn't be talking to the police because it could be used against you on that case. But your mother can do it.

If the police won't enforce it, you may have to get back before that judge and get the judge to enforce the order. Or, as I indicated, your ultimate remedy would be to get him evicted in a separate eviction proceeding, since he's not an owner nor is he married to your mother.

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