<BLOCKQUOTE><font size="1" face="Verdana, Arial">quote:</font><HR>Originally posted by cluiss1:
I need some advice about a situation involving my family. Currently, I have a brother (age 26) that is living at home with my parents. His pregnant girlfriend is also living there. He has no job and is using my parents for money, food, etc. My parents are retired and want him out of the house. They live on a limited income and are afraid that they may lose everything if they cannot afford to keep paying the bills. They have tried several times to kick him and his girlfriend out but have failed. I am not living near them, but I believe that he has used verbal abuse to control them and I suspect that he has even physically abused them. Is there anything I can do to force him to leave and to keep him away from the premises? I am very concerned for my parent's well-being and safety. Please help!!!<HR></BLOCKQUOTE>
My response:
You'll need to review, follow, and act upon the Landlord/Tenant laws in the State (you never mentioned that) where the house is located in order to get them out. The papers must be in your parents' name, and name your brother and his girlfriend.
Until this is accomplished, they are lawfully on the premises and do not have to leave.
Insofar as Restraining Orders are concerned, if your parents are in actual physical and/or emotional danger, they must apply for a Temporary Restraining Order (TRO) through the courts.
You know, since you are long distance, and they are cash-poor, you may want to set them up with a local attorney, and have them see that attorney for advice and to do these things I have mentioned. Then, as the good son that you are, you can "bankroll" their attorney fees and costs.
If there is actual abuse going on, from physical, to mental, to financial abuse, their attorney can also have your parents sue your brother/girlfriend under their States' "Elder Abuse" statutes for all of the damages and more that they have caused your parents. These particular Statutes are "slam dunk" against a defendant - - in other words, I myself, would NOT want to be sued under such laws.
Good luck.
IAAL
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