Page 56 - 2011 Guide to Family Violence Laws

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51
WHO HAS THE RIGHT TO LIVE WITH YOU?
Who has the right to live with me?
Under the law, your spouse is
presumed to have the right to live
with you, as well as any person
whose name is on the lease or title
to your home. In addition, anyone
who has established a residence in
your home has the right to live there
unless some legal action is taken to
order him out.
All that is necessary to establish a
residence is for a person to live in a
place with the intent to stay. For
example, if your relative or boyfriend
is living with you and it's not just a
visit, he or she has the right to
continue to live with you.
One thing that the police will look
for in deciding whether a person has
the right to live with you is whether
that person has any of his or her
belongings in your home. If there is
a disagreement, you cannot simply
"lock out" a person who has
established a residence in your
home. However, you can take legal
steps to have someone removed or
kept away from your home,
especially if the person is abusive.
You may legally lock someone out of
your home if he has not established
a residence there. If you are not
sure whether you can legally lock
someone out, call an attorney for
help.
How do I get my abusive partner
out of my home?
Your right to be safe in your own
home is very important. If you are
being hurt or threatened by a family
or household member, you may get
a court to order him out of your
home. Criminal protective orders
and civil restraining orders are
explained in this
Guide
.
In addition, if you begin a divorce,
you may ask the judge to order
exclusive use of the residence
for
you. This means that your spouse
would have to live somewhere else
while your divorce was going on in
court. However, the judge is
required to consider the rights of
both parties in these cases and
might not order him to leave the
home.
Finally, if the family violence laws do
not apply to your situation, and you
wish to have someone you live with
but are not married to removed from
your home, you will have to have
him legally evicted. You might need
to consult a lawyer to do this.
Can my landlord evict me if my
husband or boyfriend is doing
damage to my apartment?
Yes. The landlord usually doesn't
care who is causing the damage.
However, if you are already trying to
have a judge order your boyfriend or
husband out of the house, the
landlord might not evict you. If you
have a cooperative or understanding
landlord, try to work things out with
him or her by explaining your
situation. If that is not possible, you
may need a lawyer to help you fight
against being evicted.