frustrated-in-mn
11-08-2008, 11:59 AM
Hi, I hope I can get some direction as to what to do. I live in a house owned by my "parents". I make the payments directly to the bank for the mortgage payments.
I made a huge mistake of having my girlfriend at the time move in with her 2 kids. It's been a absolutely horrible relationship. My reason for having her move in was I thought her moving into a beautiful home with lots of room, would finaly make her happy for her and also the kids. boy was I wrong. She is on welfare just for a FYI Her kids are 6, and 4. They are "not" my kids, but I love them like my own.
The ex is "exstemely" verbally abusive twords me and also her kids. She cusses me and the kids out all the time. It's one thing to cuss everyone now and then, but to do it constantly and also directly to the kids is absolutely uncalled for. I totally do not believe in this and have stated this to the mother. I've heard that verbal abuse is must worse than physical abuse.
Anyways it finally came full circle earlier this week as I was talking to her 6 year old daughter and she picked another verbally abusive fight with me for no reason. I got frustrated and had enough and I "pushed her" the push was hardly a push at all. She simple backed up a 1 step. She immediatly called the cops on me and had me arrested for Domestic assault. "Do you think this was planned"? She now has a restraining order on me and I'm not to allowed to step foot on my property, "well my folks property"
I feel I'm the victom here, and she is obviously stating that she is the victom. The lawer that I hired for the domestic assault feels the county doesn't have a strong case to charge me with the assualt..
My biggest question is how do I get her out of my house?????????? PLEASE help. I can't afford more lawyer expense. I called my folks and they were very upset and drove over from South Dakota to try to get her evicted, as she doesn't pay rent, and she never signed a rental agreement with my folks "the owners of the property.. She does get mail at my house, so I would think the courts would considered this her residence. My folks served her a written notice to leave the property immediately, becasue she does not have no legal right to the stated property. She did not leave. The following day we went to the courthouse and filed a unlawful detainner document and she got served the papers the same days and court is next Fri. I'm living across the street from my house. It's horrible. And her boyfriend has been staying there the last 2 nights, "the father of 1 of the kids. I have stated to her that I don't mind him coming over to pick or drop off his daughter, and I don't want him there. It's just not appropiate.
After we filed the unlawfull detainner, I'm worring that we didn't do it legaly. I've read places on here that you have to give them a written notice 30 days "prior" to the unlawfull detainner. We served her the unlawful detainner only 1 day after we served her the written notice?
Can she use the current domestic assault charges against me to stay in the home? Keep in mind my parent are on title to the house, not me
Will the judge make her leave next Fri
Also what do I say in court to get me back into the house? Simple say "she doesn't have any legal rights to the property? And thats it?
Your advice would be greatly appreciated
M.
I made a huge mistake of having my girlfriend at the time move in with her 2 kids. It's been a absolutely horrible relationship. My reason for having her move in was I thought her moving into a beautiful home with lots of room, would finaly make her happy for her and also the kids. boy was I wrong. She is on welfare just for a FYI Her kids are 6, and 4. They are "not" my kids, but I love them like my own.
The ex is "exstemely" verbally abusive twords me and also her kids. She cusses me and the kids out all the time. It's one thing to cuss everyone now and then, but to do it constantly and also directly to the kids is absolutely uncalled for. I totally do not believe in this and have stated this to the mother. I've heard that verbal abuse is must worse than physical abuse.
Anyways it finally came full circle earlier this week as I was talking to her 6 year old daughter and she picked another verbally abusive fight with me for no reason. I got frustrated and had enough and I "pushed her" the push was hardly a push at all. She simple backed up a 1 step. She immediatly called the cops on me and had me arrested for Domestic assault. "Do you think this was planned"? She now has a restraining order on me and I'm not to allowed to step foot on my property, "well my folks property"
I feel I'm the victom here, and she is obviously stating that she is the victom. The lawer that I hired for the domestic assault feels the county doesn't have a strong case to charge me with the assualt..
My biggest question is how do I get her out of my house?????????? PLEASE help. I can't afford more lawyer expense. I called my folks and they were very upset and drove over from South Dakota to try to get her evicted, as she doesn't pay rent, and she never signed a rental agreement with my folks "the owners of the property.. She does get mail at my house, so I would think the courts would considered this her residence. My folks served her a written notice to leave the property immediately, becasue she does not have no legal right to the stated property. She did not leave. The following day we went to the courthouse and filed a unlawful detainner document and she got served the papers the same days and court is next Fri. I'm living across the street from my house. It's horrible. And her boyfriend has been staying there the last 2 nights, "the father of 1 of the kids. I have stated to her that I don't mind him coming over to pick or drop off his daughter, and I don't want him there. It's just not appropiate.
After we filed the unlawfull detainner, I'm worring that we didn't do it legaly. I've read places on here that you have to give them a written notice 30 days "prior" to the unlawfull detainner. We served her the unlawful detainner only 1 day after we served her the written notice?
Can she use the current domestic assault charges against me to stay in the home? Keep in mind my parent are on title to the house, not me
Will the judge make her leave next Fri
Also what do I say in court to get me back into the house? Simple say "she doesn't have any legal rights to the property? And thats it?
Your advice would be greatly appreciated
M.
