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Philadelphia PA - Domestic Violence - Eviction of Live In Girlfriend

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MikeMay215

Junior Member
I just purchased a home in Philadelphia Pa. The home is solely in my name. I have a 2 year old daughter with my girlfriend of 7 years. We have had a rocky relationship and she has been on and off drugs. We separated before and went to court and I was given an Interim Order for Custody of our daughter, but we have since gotten back together so the case was never formally dismissed and I never withdrew my petition, but due to covid we did not get a new date.

She has documented issues with mental health and substance abuse. She is violent and destroyed my desk and kitchen furniture and put holes in the wall. She has also punched me and broken my glasses. I document with emails, but never called the cops.

She went a month on meds and things were okay, but she has gone too far again with violence. It is an unfair power balance because she will hit me and make demands and threatens to call the police if I even physically try to defend myself.(One time she prevented me from leaving and I tried to push past and claimed I assaulted her.) She is always the instigator of the physical confrontations.

I want to get her the hell out of here. I am afraid to call the police and try to get her to leave because I think they may say that she does not have to leave and then she may plot to have the police called on me. Last time I trued to get some space she demanded I come home and proceeded to smash my office furniture while I was on the phone forcing me to rush home. Then she accused me of taking her debit card (I didnt) and she threw furniture through the air.

How will eviction work in Philadelphia. I think my best option may be get a hotel for a month or stay with family. I know I need to maintain the majority of overnights to keep custody. Past handoffs of the child often resulted in the same scenario where she held me captive "To talk" or demand money.

I need to evict her and keep my distance. If I change the locks I think she will break in. Her things are here and I'm sure some mail is here. I know Philadelphia has a moratorium on evictions for tenants, but she does not have a lease or mortgage documents.

Also if it did escalate to her claiming I hit her could a PFA bar me from my own house even though I am the owner.

I need to tread carefully.

Thanks
 


quincy

Senior Member
Following are two links, one to domestic violence resources and the second to involuntary commitments for mental health evaluations:

https://www.dhs.pa.gov/Services/Assistance/Pages/Domestic-Violence.aspx

https://www.acba.org/public/Legal-Briefs-040312

It generally would not be smart to leave the house because your girlfriend might wind up being allowed to live there during the pendency of any legal action. And you DEFINITELY do not want to leave your child under her care if you believe she is a danger to herself or others.

Contact the domestic violence center closest to you to get advice and direction and don't hesitate to call the police from a secured room in your house and ask them for help in
securing a mental health examination for your girlfriend if she once again becomes violent.

Do not, again, leave your child in her care if/when she is off her medications.

Good luck.
 

LdiJ

Senior Member
Your interim order for custody of your daughter should still stand, even though you did not go further with the case. It might be time to go further with the case however.
 

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