Endagerment?

[chaplain_debby]

What is the name of your state? Arizona
I have a 23 year old step son, he is a 2x felon, recovering meth user. He uses our house when his new friends are tired of supporting him. He does not work, steals from his father and I. My problem now is, he is a smoker....I have asthma and bronchitis. He has be asked, told, not to smoke in his room, or on the property. I am alergic to smoke. He is endangering my life with his smoking. Sounds trivial, but this has gone on for 6 years. His father has agreed to get an order of protection, or evict him....which ever will get him out of the house for good. He pays no rent, is at the house for a few months, then leaves, comes back again. He is back again....and my health is much worse. Can I get the order or do I have to evict. Thanks!

[fairisfair]

prortective orders are generally reserved (rightly so) for those who are actually in danger from another person.

You may feel that you are in danger because of his drug use, you might get one based on his stealing of your property (of course that is assuming that you have evidence that he in fact stole the items).

I seriously doubt that exposure to second hand smoke will qualify.

Evict him. Or if he is not a tenant, inform him that his visit is over and change the locks.

[chaplain_debby]

Thank you for your reply. Just after I posted, we had to call the police. They have removed him for endangerment, due to known health risks. He was using his smoking or second hand smoke knowingly to due harm. I will file for Protection Orders in the AM.

[LdiJ]

Originally Posted by chaplain_debby

Thank you for your reply. Just after I posted, we had to call the police. They have removed him for endangerment, due to known health risks. He was using his smoking or second hand smoke knowingly to due harm. I will file for Protection Orders in the AM.

Why do you need protection orders? If your husband agrees that he is not to live there, then just change the darn locks and don't let him back in.

[Ohiogal]

Originally Posted by LdiJ

Why do you need protection orders? If your husband agrees that he is not to live there, then just change the darn locks and don't let him back in.

Except for the fact that if THAT is his residence, they would have to legally evict him. They legally cannot just change the locks.