What to do if I have a 24 year old son living with me who uses drugs and has a very violent character and I want him out now?

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What to do if I have a 24 year old son living with me who uses drugs and has a very violent character and I want him out now?

He breaks things in the house when he gets mad and does not pay any bills or rent nor is he is not on the rental lease. I know I have to give him notice but we are afraid of what he might do if we give him notice. I also have a 12 year old son who is witnessing everything he does and is affecting him mentally. I need him out of my house now. I can’t afford to pay the eviction fees or aford to wait till he hurts one of use. Can the police get envolved if I kick some one out of my house without any notice?

Asked on October 19, 2012 under Real Estate Law, Florida

Answers:

Catherine Blackburn / Blackburn Law Firm

Answered 9 years ago | Contributor

If I were you, I would consider pursuing a domestic violence action against this son.  You can call the court in your county, or check the court's website, to find out where you can get help with a domestic violence injunction.  You can also call the police during an incident and they will assist at that time.

Whether you file for an injunction or call the police, be prepared to give details about this son's threatening behavior.  If he has touched you or your other son, or threatened to do so, be sure to give those details.  Focus on objective reasons why you and your other son are afraid for your safety.

The police have authority to remove this son from your house immediately and put him in jail.  The courts have the authority to order him out of the house and put him in jail if he does not leave or if he returns.  Having a domestic violence injunction in place is your best protection from having this son return and harm you.

Be aware that the courts and police take these matters very seriously in Florida.  If your son disobeys the requirements, there will be consequences.  This could be just what he needs to take action about his drug use.

Good luck.


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