QUESTION
Does filing assault charges help remove someone from my household?
Asked on Jan 15th, 2015 on Litigation - California
More details to this question:
We've been having trouble kicking out my sister's boyfriend because he refuses to leave and wants to stay a 30 day period he has a right to for establishing his residency at our home. We got in a physical fight that he initiated about a week ago, The police got there and they simply asked what happened then left. Would pressing assault charges help move him out? I also feel another fight will break out during those 30 days since all he's doing is making everyone's life miserable.
2 ANSWERS
If the police refused to do anything the last time, it sounds like they did not consider it an actionable assault, probably because no one made a claim he acted improperly. I doubt they will consider it now that you changed your mind. You can phone them up and see and tell them you are afraid he will again start a physical fight. Assuming he has never been asked to pay rent, in California he would be considered a guest so could be told just to leave as he has no right to be there. Why does he want to establish residency? He is not going to be a resident there. Order him out and if he will not leave give him a three day notice and threaten to take him to court.
Answered on Jan 19th, 2015 at 6:54 PM
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You can use a 3-day notice to quit based on nuisance (domestic violence) and/or go to Family Court and have a kick-out order issued as part of a domestic violence protective order.
Answered on Jan 16th, 2015 at 4:21 PM