Results 1 to 4 of 4
  1. #1

    Default Ex-Girlfriend Wants to Move Back In After Domestic Violence Charge

    My question involves an eviction in the state of: California

    In December 08 I had a girl move in with me on the verbal agreement that she would clean and she could stay on my couch for free. She ended up sleeping with me and after a lot of fighting she moved out in June. She refuses to clean most things. Her idea of cleaning is rearranging and pretty much just the dishes with the RARE vacuuming. The agreement included: laundry, toilets, tile, etc. etc.

    So in January of this year she came back. No even verbal agreement or anything. She basically tricked me into paying a grand to fly her and her stuff back since I thought she was coming to be my girlfriend. So in March she was arrested for Domestic Violence (broke a phone across my face/bit me to drawing blood where I still have a scar) and spent a week in jail. They dropped the charges and she was supposed to be getting out of here back then. The cops told her I had to give her 30 days notice. Can you verify this? and also does text messages between me and her where we both agree that she needs to be out by the end of May count as giving her notice? I'd like to protect myself while not provoking her. I figured she was going to be out of here by April seeing as I am the one that called the cops on her but now I am just trying to get this girl out of here that verbally harasses me on a daily basis and I want it to happen ASAP or start the ball moving towards what I am going to have to do if she doesn't leave. Shes bringing other guys over here even and screams at me with claims I am making them uncomfortable even.

    My parents own my condo and she has not had her own set of keys at any point since she came back. She does get mail here and this is even the address on her license. Can I use a restraining order to get her out faster?

  2. #2
    Join Date
    Jan 2008
    Location
    Toledo, OH
    Posts
    16,307

    Default Re: California: Girl-Friend-Maid-Weird Situation

    The cops told her I had to give her 30 days notice. Can you verify this?
    They are correct.
    and also does text messages between me and her where we both agree that she needs to be out by the end of May count as giving her notice?
    No. The notice needs to be in writing, on paper. See to that. If she's not out by then, you'll have to evict her.

    Can I use a restraining order to get her out faster?
    Unlikely, as at some point, she'll have to be permitted to pick up her belongings.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: California: Girl-Friend-Maid-Weird Situation

    You can evict her, or, if you fear for your safety and can convince a judge you are afraid of her, you might be able to obtain a temporary restraining order that will force her out at least until the hearing. But, depending on what she has to say and why the charges were dropped from her arrest, a judge may not buy your fear.

  4. #4
    Join Date
    Jul 2009
    Location
    Cinnaminson, New Jersey, United States
    Posts
    205

    Default Re: Ex-Girlfriend Wants to Move Back In After Domestic Violence Charge

    You will need to give her the appropriate Termination of Tenancy Notice. For most states this is a 30 Day Notice.

    You will need to be able to prove that you served her. That could include delivery confirmation and certified letter via USPS or using a process server. If you ended up having to evict her and go to court, she doesn't sound like she would necessarily tell the truth. Hence, having proof on your end.

    If she doesn't move out after the initial notice, you will want to evict her. be sure to follow the protocol - if you don't, you could have to start the process over.

    1. Sponsored Links
       

Similar Threads

  1. Domestic Violence Situation, Mom Wants to Move to Another State While Still Married
    By Sharon Tan in forum Child Custody, Support and Visitation
    Replies: 1
    Last Post: 08-23-2010, 09:02 AM
  2. Domestic Violence: Domestic Violence Charge
    By 3x'sthecharm in forum Criminal Charges
    Replies: 1
    Last Post: 06-30-2010, 07:17 PM
  3. Domestic Violence: Simple Assault/ Domestic Violence State Charges, Girlfriend Did Not
    By CharlieKelly in forum Criminal Charges
    Replies: 8
    Last Post: 04-07-2009, 10:47 PM
  4. Domestic Violence: Domestic Violence And Crazy Girlfriend In Florida
    By Scared08 in forum Criminal Charges
    Replies: 17
    Last Post: 04-06-2008, 11:46 AM
  5. Domestic Violence: Both My Girlfriend And I Were Arrested For Domestic Violence
    By 2nd2none26 in forum Criminal Charges
    Replies: 2
    Last Post: 07-24-2007, 12:07 PM
 
 
Sponsored Links

Legal Help, Information and Resources