What is the name of your state? Texas
Ok, I'm looking for information to help my mother- bear with me.
She has been allowing my two brothers- 23 and 25 y/o to live with her rent/utility free while they work and try to save money. She owns her home. She has considered putting house up for sale, so she and 23 y/o got in argument Saturday afternoon regarding him cleaning his room (it's insane sounding already). He smarted off, whatever- and turned on TV. She yanks cord out of wall, TV falls from table- hits his leg- he jumps up carrying on and calls the police.
Police come. Deduce from mark on his leg that this is 'family violence' and takes my mother to jail. This is a woman who has never ever been in any legal trouble. Ever. Respectable job, all that.
Police tell my mother that to make him leave the home, she will have to file and evict him.
I bonded her out Saturday night, and she has an arraignment November 17th.
My first question is this: Every officer she came across at the jail could not believe she was arrested. They were also stunned that arresting officer did not make my brother leave. Should she have even been arrested at all?
Second question: Does she have to evict him legally? There is no implied landlord tenant thing here- he does not pay rent, or utilities. There is no implied 'condition' on staying there other than staying out of trouble. (heh)
We are in the process of hunting down an attorney. I hate the idea of him remaining in the home with her now that she is back home, because now (the way he is), if she tells him ANYTHING AT ALL that he might not like, he will call the law again. I wouldn't put it past him to actually make up something. Seriously.
Doing a legal eviction is costly. Does she have to wait 30 days? 3 days? Once gone, how does she keep him from coming on the property? Chance of getting a restraining order? Criminal trespass warning? Doesn't he have to do something?
The arresting officer apparently didn't mind the fact that this 23 year old told his 53 year old mother that he SHOULD head butt her into oblivion.
This is all quite insane...and any help would be appreciated.
Ok, I'm looking for information to help my mother- bear with me.
She has been allowing my two brothers- 23 and 25 y/o to live with her rent/utility free while they work and try to save money. She owns her home. She has considered putting house up for sale, so she and 23 y/o got in argument Saturday afternoon regarding him cleaning his room (it's insane sounding already). He smarted off, whatever- and turned on TV. She yanks cord out of wall, TV falls from table- hits his leg- he jumps up carrying on and calls the police.
Police come. Deduce from mark on his leg that this is 'family violence' and takes my mother to jail. This is a woman who has never ever been in any legal trouble. Ever. Respectable job, all that.
Police tell my mother that to make him leave the home, she will have to file and evict him.
I bonded her out Saturday night, and she has an arraignment November 17th.
My first question is this: Every officer she came across at the jail could not believe she was arrested. They were also stunned that arresting officer did not make my brother leave. Should she have even been arrested at all?
Second question: Does she have to evict him legally? There is no implied landlord tenant thing here- he does not pay rent, or utilities. There is no implied 'condition' on staying there other than staying out of trouble. (heh)
We are in the process of hunting down an attorney. I hate the idea of him remaining in the home with her now that she is back home, because now (the way he is), if she tells him ANYTHING AT ALL that he might not like, he will call the law again. I wouldn't put it past him to actually make up something. Seriously.
Doing a legal eviction is costly. Does she have to wait 30 days? 3 days? Once gone, how does she keep him from coming on the property? Chance of getting a restraining order? Criminal trespass warning? Doesn't he have to do something?
The arresting officer apparently didn't mind the fact that this 23 year old told his 53 year old mother that he SHOULD head butt her into oblivion.
This is all quite insane...and any help would be appreciated.