How to Get an Abusive Stepparent Out of the House

[AnonymousPlease]

The Basic Facts:
I am a 14-year-old girl in the state of Ohio, living with my mother (in her house) and her husband since the age of 3. My biological father no longer pays child support, after having gone to court and convincing the judge that the Social Security payments I recieve as the daughter of a disabled person suffice.

The Problem:
My stepfather is constantly verbally abusive, and has been physically abusive to my mother and I on several occaisions. He actually was even arrested for it once, but she bailed him out. A few months ago, she filed a Civil Protection Order and had him removed from the house. This domestic tranquility only lasted for a few weeks before she took him back, due to financial instability as she failed to hold down a job. He has continued his verbal abuse (which unfortunately has no legal case), and hasn't hit either of us since, but he has *threatened* to hit me a few times.

Questions:
Is he considered my legal guardian? And if so, is there any way I can dissolve any legal rights he has over me?
*Is he legally allowed to resume staying here after previous assaults and threatening a minor?* If not, how could I bring it to the authorities' attention without my mother knowing about it?
Would the fact that my mother failed to withdraw the CPO affect it?
If a court were to decide that it was unsafe for me and him to live in the same house, which of us would have to be removed? Is that the desicion of a judge or my mother?


If you could please cite exactly which laws support your response, that would be appreciated.

[Mr. Knowitall]

A stepparent gains his legal authority through the parent to whom he is married. If your mother wants to limit the authority your stepfather can exercise as a stepparent, she can so instruct him.

If there's no restraining order preventing your stepparent from living at home, he can live at home. If your mom still has an order, she can seek to enforce the order - but it appears she is choosing not to do so.

If you complain of abuse to CPS such that they investigate, mom's going to be aware of the investigation.

If you can document sufficient abuse such that protective services tells your mom, "Either he goes or we have to remove your daughter from the home," your mom will have a decision to make. Most parents choose their child.