judge gives 30 days....

[dvhelp1]

What is the name of your state (only U.S. law)? tn
I recently served a detainer warrant on my daughters mother to try and get her out of my house that I own and have deed to.. We are not married and I am the primary custodial parent of child. The judge did not grant the detainer warrant but gave her 30 days to move and signed it on back of warrant. There is a no contact order between me and the mother and have been out of my house for four months. It is 2 days before her 30 days is up and she is still in my house... What would be the proper procedure for getting her out? should I take the papers to police and have them call her at work and tell her I am back at my house and if she shows up on the property she will be breaking the no contact or can she just keep staying there till some kind of paper is signed by judge that gives a order to physically remove her from the property....i dont want to break the no contact order either.

 

[FarmerJ]

See the clerk of the court in your county once the 30 days are up, you might have to get a writ of restitution wich is a court order that is given to the sheriffs dept to serve to the tenant , If the tenant refuses to leave by the time listed on the writ (24 to 48 hours ) the sheriffs dept will carry out the courts order and if they have to they can bodily remove them.

 

[InsaneJane]

Q? Did the Judge say she has 30 days to be out? Or did he say she has to be out in 30 Days?

If it says she has 30 days then at 12:01 am of day 31 you can take possesion of your house back.

~About an hour before go to the police station with a witness, a copy of that order, a copy of the No Contact Order. and proof of ownership (copy of property tax...).
Tell the police that you will be taking back possesion of the propperty shortly and you wanted them to know that those are the current court orders.

Things to bring with you at 12:01 am:
Witnesses; at least one that can hang out for a while. The more the better (no drinking please).
A working video cammera with new recordable meadia and good batteries.
A new lock of the same type so that the key is different. Plan to bring the other locks to the hardware store to get them re keyed ASAP.
Working flash lights.
A cell phone.

Otherthings I found important to bring:
a package of light bulbs
Flash lights
Toilet papper & papper towels
A couple of green bags
Clean drinking water and food for breakfast....
A couple clean towels...

If she hasn't vacated by the time you arrive, do not get within striking distance of her. Instruct one of your witnesses to stay between the two of you at all times.
Have one of your witnesses tell her that you need to speak to her out side.
Remember; she has to vacate the propperty, you do not. Do not bring this up until she is physically out side.

If she refuses to go out side, respect her privacy, hold your ground, call the police and wait patiently.
When calling the police, inform them that you have an unwanted person on the premiss, that there is a current court order for that person to be off the property, that you dropped off copies of the court order to the PD earlier, and that you are in need of a police officer to assist.

If she does exit the house:
Close the door behind her and lock it.
Open a window and tell her that the court orders require her to be off the property and she must leave now. If her car is on the driveway, do not block her from getting it in any way.
If she claims that she needs some stuff, ask her what she needs and where that stuff is. Write this down, and recording it would be a good thing. Using the green bags and a little respect place the requested items in the bag and have the witness hand it to her.
Video taping the collection of her things would be a good thing.
Remember that your goal is to get the house back, and not to cause problems for others or for you.

This is just my advice, and I hope it helps.

Edit: Walk from room to room video taping everything asap. Speak out the name of each room and the time and date. If you see obvice damage or missing articles speak them out. Open cabnets... Try not to miss anything.

Good luck.