QUESTION

I live in FL & lhave the same problem my BF will not leave he drinks a bottle of rum everyday he is verbally and physically abusive help me get him ou

Asked on Dec 10th, 2017 on Domestic Violence - Florida
More details to this question:
I need him out. I own the condo and he won't leave
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1 ANSWER

Family Law Attorney serving Plantation, FL
3 Awards
Dear Ms. Schloss:       First, you can call the police.  TYpically the police will ask the agressor to leave the premises for the night, but unless there is evidence of violence (bruises) usually they will not arrest a party.  However, you can obtain a domestic violence injunction (restraining order).  Go to your local county court and ask where to file the Petition for the Domestic Violence Injunction.  Usually the clerk will assist you with the paperwork.  If there is sufficient allegations ( See; Florida Statute 741.28) then a judge will enter the injuction without a hearing and it will be served on your boyfriend by the sheriff.  Your boyfriend will then be required to vacate your residence, and a hearing will be set within 15 days from the entry of the Domestic Violence injunction, when you and your boyfriend will be required to appear before the court.  At the hearing you both may testify and present winesses.  At that time the judge will either dismiss the injunction  or enter it for a longer period of time.  How long depends on the circumstances, but the boyfriend will not be allowed in your residence or near you without subjecting himself to arrest while the injunction is in place. If that is unsuccessful, you can file an action for ejectment. Assuming he has not paid rent it would not be an eviction, but it has the same effect of removing a person whose legal rights to stay in a  place have expired. Best of luck, Cindy S. Vova Law Offices of Cindy S. Vova, P.A. Broward/Boca Raton 954-316-3496/561-962-2785 info@vovalaw.com    
Answered on Dec 11th, 2017 at 5:48 AM

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