got a legal situation need legal advice (off topic of porn)

[justfreemovies]

my step brother had verbaly threatened my dad tonight
he has been living with my dad (his step dad), me and my mom (his biological mother) he is 23, is on probation for stealing dirt bikes.
we didnt tell the cops about the dirt bike he stole tonight that started this

but ok here is what i need advice on
he claimed we could not make him leave because he recieves mail here so he claims he has established "residency" and we cant make him leave, he was originaly supposed to pay rent to my dad but never has, over a year now not a dollar
and he verbaly threatened my dad and was waiving mail in is face
slapped him in the face with it physicaly


so what can we do about this
is he right
or can we boot him out
or what should i do about this
my father is disabled and i dont need to be afraid my brother is here and is going to hurt him while im working

he is a drugbag and me and my father want him out of our home legaly and for good

and im in illinois if its state specific
ive searched google and cant quite find what im looking for about this situation

[TDF]

are u gonna let your brother punk your dad?



bitchslap him like the bitch he is

[torrey]

Illy, gotta give em 30 days.

[clickhappy]

if the owner of the home wants him out, he's out. I think legally he just needs to give him 1 weeks notice since he's an adult and not paying rent.

I would ask your local police station and I'd look into getting a restraining order.

[justfreemovies]

dont want to go to jail
im sure i could have taken him
im 6' 2" 280
he is 5' 10" 150


btw im in illinois if i didnt mention it already

its not a question of being punked out
we want him gone for good
not even to step foot on our drive
without me going to jail for domestic battery

[MetaMan]

do nothing just because u r born of the same 2 parents that are still together doesnt make u better, your dad treats him differently than you just because the step child, lend him support and offer him apologies of years of thinking u r better.

[justfreemovies]

Originally posted by clickhappy
if the owner of the home wants him out, he's out. I think legally he just needs to give him a weeks notice.

I would ask your local police station and I'd look into getting a restraining order.

well he isnt on the lease for the home we are renting
my father pays most of the rent
me, my father and my mother are the people legaly on the lease for rental of the property

[torrey]

Originally posted by justfreemovies
dont want to go to jail
im sure i could have taken him
im 6' 2" 280
he is 5' 10" 150


btw im in illinois if i didnt mention it already

its not a question of being punked out
we want him gone for good
not even to step foot on our drive
without me going to jail for domestic battery

looks like youre gonna have to kill him, bury him under the garage

[justfreemovies]

Originally posted by MetaMan
do nothing just because u r born of the same 2 parents that are still together doesnt make u better, your dad treats him differently than you just because the step child, lend him support and offer him apologies of years of thinking u r better.

no he is a drug bag theif
i personaly help my parents out *father is disabled
and have paid rent

im do not get treated differently
in fact after all the bailing out of jail
money while in jail
and all the things we have done for him
even him not paying rent

i think ive been treated unfairly

[clickhappy]

Originally posted by justfreemovies


well he isnt on the lease for the home we are renting
my father pays most of the rent
me, my father and my mother are the people legaly on the lease for rental of the property

Ask the cops, because if you give him notice and he doesnt leave then theyre the ones you call, and they'll show up and drag him out of your home.

and if he verbaly threatened your dad and slapped him in the face with it physicaly I think that might be grounds for a restraining order.

make sure you get an alarm installed in your house after he's been thrown out.

btw - I did this to my brother about 10 yers ago, had him thrown out of the house by the cops because he was being abusive to my disabled mother for years and he was getting worse and worse. She's too frail to do anything about it and I had enough so I told him he has a week to get his shit together and get out. I spoke with the police station before I did that though.
I found out later after the cops took him out of the house that he had nowhere to go and ended up moving into a homeless shelter.

but it's come back to haunt me and my mother, because she misses him (I dont).
so if theres anyway you can work it out, do it.
but if he's still acting like a cock, then throw his ass out of there.

[BigK]

Unfortunatly he has established residency. You can get rid of him though. but it will take about 3 weeks to a month. you will need to go to your court house and and get a writ or eviction. it will cost about 50 bucks. the forms are kinda complicated. an atoney will do them for you for about 200 dollars. but you can do them yourself just takes some time reading over them to figure out how to fill em out. there is 7 copies you need to fill out as well. once you have filled out all 7 copies you take them back to the court house and the clerk will have the judge sign them. also in them you can put the amount owed for rent and the cost of the paper work or attorney fees should you decide to use an attorney.

However this is your step brother and you shouldnt try and screw him too bad will be pretty tough on him trying to make it on his own just from getting kicked out. but thats just personal opinion. but all the above is true. go get a legal eviction and get the process started. cause it does take a while.

[woj]

Originally posted by BigK
Unfortunatly he has established residency. You can get rid of him though. but it will take about 3 weeks to a month. you will need to go to your court house and and get a writ or eviction. it will cost about 50 bucks. the forms are kinda complicated. an atoney will do them for you for about 200 dollars. but you can do them yourself just takes some time reading over them to figure out how to fill em out. there is 7 copies you need to fill out as well. once you have filled out all 7 copies you take them back to the court house and the clerk will have the judge sign them. also in them you can put the amount owed for rent and the cost of the paper work or attorney fees should you decide to use an attorney.

However this is your step brother and you shouldnt try and screw him too bad will be pretty tough on him trying to make it on his own just from getting kicked out. but thats just personal opinion. but all the above is true. go get a legal eviction and get the process started. cause it does take a while.

That's probably the way to do it. If you actually physically force him out, or beat the shit out of him, it won't acomplish anything and will just create a bigger mess.

[justfreemovies]

Originally posted by clickhappy


Ask the cops, because if you give him notice and he doesnt leave then theyre the ones you call, and they'll show up and drag him out of your home.

and if he verbaly threatened your dad and slapped him in the face with it physicaly I think that might be grounds for a restraining order.

make sure you get an alarm installed in your house after he's been thrown out.

btw - I did this to my brother about 10 yers ago, had him thrown out of the house by the cops because he was being abusive to my disabled mother for years and he was getting worse and worse. She's too frail to do anything about it and I had enough so I told him he has a week to get his shit together and get out. I spoke with the police station before I did that though.
I found out later after the cops took him out of the house that he had nowhere to go and ended up moving into a homeless shelter.

but it's come back to haunt me and my mother, because she misses him (I dont).
so if theres anyway you can work it out, do it.
but if he's still acting like a cock, then throw his ass out of there.

my brother does the same to my mother and father
my mother is mentaly disabled
and he takes advantage of her
this isnt the first time he has done this

he has got us kicked out of previous homes because of things he has done having to do with stealing and all that

[Theo]

You are in hard position....

[clickhappy]

Originally posted by justfreemovies

my brother does the same to my mother and father
my mother is mentaly disabled
and he takes advantage of her
this isnt the first time he has done this

he has got us kicked out of previous homes because of things he has done having to do with stealing and all that

It's Tough Love I guess.

It sucks to be in your position but he has to grow up. Right now life is one big party for him and he doesn't care about the hell he's putting your family through. Completely irresponsible and immature.

gotta get rid of him.

[Theo]

Originally posted by woj


That's probably the way to do it. If you actually physically force him out, or beat the shit out of him, it won't acomplish anything and will just create a bigger mess.

yeah,BigK proposed something good. Unless you kill him he will continue to be a threat for your parents. He is a drug addicted as you said and very often these people do not have limits.

[broke]

Give him 15 minutes to gather his shit and leave...

If that time passes and he has not left call the police and have him arrested for trespassing. Assuming he is not on the title/mortgage he has no legal right to be there.

[abyss_al]

sad - you guys forgot the meaning of family

[sandman!]

Originally posted by broke
Give him 15 minutes to gather his shit and leave...

If that time passes and he has not left call the police and have him arrested for trespassing. Assuming he is not on the title/mortgage he has no legal right to be there.

I say give him 10 min's 15 is too long!

[BigK]

Originally posted by broke
Give him 15 minutes to gather his shit and leave...

If that time passes and he has not left call the police and have him arrested for trespassing. Assuming he is not on the title/mortgage he has no legal right to be there.

He does have the leagal right to be there unless legally evicted.

However i did fail to mention if he touches anyone in the house hold in a rude or angry manor he can be arrested for dv/battery. in which case the state will order a mandatory Protection from abuse order. that will last 72 hours. during that 72 hours you can go down to the court house and file for a more permanent protection order. and in that order it will ask if you want him vacated from the property. check that box and say yes.. that is an instant eviction once signed by the judge. he will no longer be able to step foot in that yard without going to jail for trespassing.

You might go down and check you might be able to file for that even without him getting charged with DV. look into it monday and see what can be done. should be able to get rid of him very inexpensivly.

but like a few people has mentioned. he is family and you should try all other resources before taking such drastic measures against him. try giving him a hand writen notice of eviction. not legal but if you lie to him and tell him you called an lawyer and he said all you had to do was give him 3 days written notice and if hes not out he will go to jail for trespassing, he may believe it and go. then no bad legal action will be taken against him and he will be gone. will be better for both parties.

[broke]

Originally posted by BigK


He does have the leagal right to be there unless legally evicted.

That is not necessarily true.

There are many factors that go into establishing legal residency in a dwelling and based on the information given his residency status cannot be determined.

A mailing address alone does not establish his residency.

I could go to the post office tomorrow and change my mailing address to your address. That alone wouldn't give my tenant rights in your residency.

[kane]

it may be different in your state but here in oregon if he touches someone that can be considered domestic violence. If he does that again, slaps your dad with mail, pushes anyone etc. Call the police and, if your law is like most states, they will have to arrest him and take him to jail. You will then have to press charges and file a restraining order on him.

he may have established residency at the home, but if you have him arrested for domestic violence it's a different story. There is a very good chance you will be awarded the restraining order and he will not be allowed back on the property. You will probably have to make some arrangments to allow him to get his stuff.

A situation like this happened to a friend of mine. She was in a bad relationship with her fiance and they fought all the time. He was a punk and she wanted him out but both their names were on the apartment lease. one night he hit her, she called the cops and other than about 30 minutes he had to gather his shit he's never been allowed back on the property.

If I were you I would either call a lawyer, or the district attorney's office and explain your situation. They should be able to advice you based on your states laws.

[BigK]

actually it is very easy way to easy to establish residency. if you stay the night somewhere for a few days and consider it your home. you have established residency. the residency laws are not written very well. and leave way too much room for misinterpretation.

but with the current information givin it is perfectly clear he is a legal resident. he has lived there for over a year. and im sure all of his belongings are there. and not to mention its his parents home.

[justfreemovies]

as for the him being family thing you have to understand what we have went through with all of this

ok lemme think of some of the things he has done to our family

ok to start it off it all pretty much started about 6 years ago when my dad was disabled in a car wreak
not long after that he stole my dads motorcycle
and his camaro and trans am on a regular basis
when my dad called the cops one time he caught him stealing it
they said they couldnt do nothing about it cause he brang it back the next day

from there he has torn up our things
never paid us a dime
got in trouble for stealing dirt bikes
turned evidence on a dope dealer
got out of that with a slap on the wrist and probation
drops dirty daily and never goes to his appointments with the officer

so he must be a informant or something he hasnt paid any restitution for the dirtbikes in over 2 years and has never paid a dime towards it seems like he would have went to prison already for that

gets arrested almost every other day
never gets in trouble
gets right back out of jail instantly
he is a snitch big time or a full time informant or something


oh yeah
and my trans am he used to steal when it was my dads car
my dad gave it to me for my 17 bday he stole it went out and got in trouble with it
the person he ripped off came back about weekly and slowly destroyed my car, brick through the windows, slit all tires, side swiped it while on side of the road, then finally ending the car with a dose of sugar in the gas

im still trying to rebuild it to this day


this person may be family but in the reverse of this he thinks of us as suckers and does everything he can to get over on us and has every chance he has gotten and were sick of it

oh yeah forgot to mention the trailor we lived in before this
we got kicked from the park
park gave us a notice to get rid of our trailor
told us it couldnt stay even if we sold it to someone we didnt know
couldnt sell it fast cause it was old
we had worked on it for years and was pretty nice sunk all kinds of money into it

we ended up selling the trailor for 200$ bux for it just to get rid of it so we didnt get sue'd

we had 10x that into the porches that wrapped around it that were build a year earlier

[BigK]

Originally posted by kane
it may be different in your state but here in oregon if he touches someone that can be considered domestic violence. If he does that again, slaps your dad with mail, pushes anyone etc. Call the police and, if your law is like most states, they will have to arrest him and take him to jail. You will then have to press charges and file a restraining order on him.

he may have established residency at the home, but if you have him arrested for domestic violence it's a different story. There is a very good chance you will be awarded the restraining order and he will not be allowed back on the property. You will probably have to make some arrangments to allow him to get his stuff.

A situation like this happened to a friend of mine. She was in a bad relationship with her fiance and they fought all the time. He was a punk and she wanted him out but both their names were on the apartment lease. one night he hit her, she called the cops and other than about 30 minutes he had to gather his shit he's never been allowed back on the property.

If I were you I would either call a lawyer, or the district attorney's office and explain your situation. They should be able to advice you based on your states laws.

thats what i said.

[kane]

Originally posted by BigK



thats what i said.

I must have been typing my post at the same time

[Paul Waters]

Change all the locks.

Notify the police that he has asssulted your father, and that you witnessed the assult.

Emphasize to the police that you fear further assults.

When he returns, and goes bolistic over the new locks, call 911. Say you fear for your safety, and that he is trying to break in.

He should be arrested, and a condition of his release is that he not try to return.

That is how it would work in Canada.

Good luck.



PS. Anyone that claims a "right" to be a freeloader deserves the worst that they can get, in my book.

[xxxinnovations]

Just because he gets mail there, does not mean he cannot be kicked out. Think about it like this... if you kicked him out and he called the police, what would happen to you? Nothing.