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  1. #1
    Join Date
    Jun 2008
    Posts
    1

    Default Ex-Girlfriend Won't Leave

    State of Florida.
    1. Own my home.
    2. Have 14yr son, 25 yr daughter living in home.
    3. G-friend moves in on Oct 07 now Jun 08
    4. She won't work, doesn't and hasn't paid any bills.
    5. Is bi-polar, so always up-down, verbally and sometimes phys violent.
    6. She says I can't kick her out because she gets mail there.
    7. Threatens to say I hit her if I try to evict.
    8. My kids fear she will harm me or them.

    Any help will be great. At my ends with this.

  2. #2
    Join Date
    Mar 2007
    Posts
    9,096

    Default Re: Ex-Girlfriend Won't Leave

    Evict her following the standard rules used to evict anyone.

  3. #3

    Default Re: Ex-Girlfriend Won't Leave

    "sometimes physically violent" = call the police, get a police report, build a history and documentation of her behavior. Use that to get a restraining order while you work on the eviction.

  4. #4

    Default Re: Ex-Girlfriend Won't Leave

    First, only your attorney can give you legal advice.

    I will tell a story though and share my opinions.
    You do have to be extremely careful here. My uncle tried to kick his soon to be ex-wife out. She hit herself in the eye and then called the police to report abuse. They arrested him. He had to spend $10,000 to clear his name and dismiss the criminal charges.

    It is a serious crime to falsely report a crime, but they never charged her. Fortunately, my uncle found a witness who saw the crazy ex-wife hit herself. It was the testimony of this witness who saved him from more jail time.

    The cops often like to arrest you first and ask questions later. My uncle was guilty until proven innocent. My opinion is you need to file a police report right now documenting your girlfriend has threatened to falsely accuse you of hitting her if you evict her. You need to make it part of public records (i.e. police report) that you are planning to evict her and that she threatened to have you falsely charged with assault if you do. I would even include that language in the eviction notice. I would even say "Even though you threatened to make up a story about abuse if I evict you, you are still ordered to leave." That way, you have yet another public record of documenting the threat.

    Then you need to have a Sheriff serve the eviction notice. Immediately after the eviction notice is served, make sure you have alibi 100% of the time until she moves out. Make sure you have witnesses that can help vouch for you 100% of the time.

    She can make this ugly--just remember my uncle's story and do your best to protect yourself--and get an attorney ASAP on this one. My family is still suffering from the aftermath of my uncle's crazy ex-wife. That story showed us the courts can sometimes be absolutely ridiculous.

  5. #5
    Join Date
    Jun 2008
    Location
    Florida
    Posts
    8

    Default Re: Ex-Girlfriend Won't Leave

    Definitely call the police and tell them exactly those 8 things. It's all three of you against her, so chances are they won't believe her.

  6. #6

    Default Re: Ex-Girlfriend Won't Leave

    Quote Quoting mjswen
    View Post
    Definitely call the police and tell them exactly those 8 things. It's all three of you against her, so chances are they won't believe her.
    The police arrested my uncle without talking to him first and without giving him a chance to tell his side of the story. They just showed up and said you are under arrest for physically assaulting your wife and hauled him away. It may not mean anything just because there are three of them. I've gone to court with the best arguments and lost and I've taken what I considered legally flimsy arguments to court and won.

    I'd like to say our legal system is based on the grounds of equity and fairness but I couldn't finish making such a statement without laughing. Our legal system is really about who has the most money to win the battle and it always has been.

    My opinion is if this poster makes a large enough fuss that his ex-gf has threatened to make a false police report and always has an alibi during the eviction process then her false report is less likely to stick. He needs to go to the police first--no ifs, ands or buts about it.

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