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Chazz

Legal Question

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**The Following Is Long**

 

 

 

 

I have a Friend who still lives at Home with his Parents and one Sister. His Sister moved back In with Him and his Parents after a failed attempt to live on her own. Apparently his Sister (Who Is now 23 but acts like She's 12) Is out of control. Some of Her "Highlights" since She moved back In Include taking 45 Minute Showers that use up all The Hot Water, as well as flipping out and kicking and punching walls everytime she gets Into a fight with her Parents. I told my Friend that The best thing his Parents could do for Her as well as themselves Is to kick her ass out, as She Is well over 18 and Is not Legally her Parents responsibility anymore. My friend said that his Parents already looked Into that, and claims were told that The Police would not answer any call to remove Her from The Home unless she was committing a Crime. (The Police would most likely have to be called, as this girl definatley wouldn't leave willingly). I never heard of this before and decided to ask some people about this. Several people told me this was true, while other people told me that She could be removed by The Police If neccessary for Tresspassing If her Parents told her to leave. Does anybody know for sure about this or have any Ideas on what His Family should do? I have an Idea, but I want to see what you all have to say about this fucked up situation first. :bonk:

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I'm no expert on the law, but if you tell someone over 18 to leave and they don't, and it's your residence and there's no binding contract allowing that person to stay then what's the problem?

 

Perhaps you can get her on damage of private property with the walls she punches out.

 

Of course, you'll probably have a bitch of a time getting police to do anything about this. What's her excuse for not leaving?...

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I have a Friend who still lives at Home with his Parents and one Sister.  His Sister moved back In with Him and his Parents after a failed attempt to live on her own.  Apparently his Sister (Who Is now 23 but acts like She's 12) Is out of control.  Some of Her "Highlights" since She moved back In Include taking 45 Minute Showers that use up all The Hot Water, as well as flipping out and kicking and punching walls everytime she gets Into a fight with her Parents.  I told my Friend that The best thing his Parents could do for Her as well as themselves Is to kick her ass out, as She Is well over 18 and Is not Legally her Parents responsibility anymore.  My friend said that his Parents already looked Into that, and claims were told that The Police would not answer any call to remove Her from The Home unless she was committing a Crime.  (The Police would most likely have to be called, as this girl definatley wouldn't leave willingly).  I never heard of this before and decided to ask some people about this.  Several people told me this was true, while other people told me that She could be removed by The Police If neccessary for Tresspassing If her Parents told her to leave.  Does anybody know for sure about this or have any Ideas on what His Family should do?  I have an Idea, but I want to see what you all have to say about this fucked up situation first.  :bonk:

Well, someone went to the Choken One school of capitalization.

 

were told that The Police would not answer any call

Who knew Stewart Copeland was such a bastard?

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The police can very damn well arrest her for trespassing. All your friend's mother/father needs to do is say that there's somebody in the house without their permission, and that they've refused to leave even when asked/told to. That right there is trespassing, and if she entered the house without being allowed in, possibly breaking and entering.

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Yeah, if the parents were willing to, they can get her ass out. Are they afraid of the girl or something?

 

 

I don't think so, but by The same token they never seem to follow up on any threats Issued towards her. My suggestion to him was that as soon as she started flipping out and punching and kicking The Walls and stuff, that The Parents call The State Police and have her removed from The House on Destruction of Property Charges. If I were her Parents, I'd probably end up dropping The Charges eventually, (All depending on her attituide), but not after some time In Jail. If/when I would drop The Charges, It would be made very clear to her that If she comes back to The House from that point forward She will be arrested for Tresspassing and The Charges would not be dropped. Knowing my friends Parents, though, They would probably end up calling The Police on her, but when The Police would ask them If they are going to press charges, they'd chicken out and say no. You know, just like every Domestic Disturbance call on "Cops."

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They can't be arrested for corporal punishment. Hell, the cops would tell her, "Ok if you don't like it, get the fuck out."

 

 

I believe they could If she Is over 18 and not their "child" anymore. But like you said, If The Cops reponding to that call had half a brain In their heads, they'd basically tell her she couldn't have It both ways. As you might have already guessed, said parents really don't have a backbone when dealing with this girl. Actually, they never really did, which Is a huge part of The reason she Is as old as she Is and acts the way she does.

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They can't arrest her for trespassing because she is a resident there. If the parents want to kick her out, the required to give her 30 days notice unless it is otherwise written in a contract.

 

And the parents would be arrested for smacking her up. Basically, once a child is over 18, things are pretty much tennant/landlord style stuff. They can't assault her, they can't kick her out without reasonable time, she is sitting pretty.

 

Its the parents fault for letting her back in, and honestly, if they had said something about her kicking walls while she was growing up it wouldn't be any problem now, so fuck them if they are complaining now. ANd in all liklihood, you friend kicks walls when he is pissed too. Most parents aren't in the business of raising one spoiled brat child.

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You're pretty much dead on there, Ripper, as I can remember my friend telling me horror stories In which he basically used to flip out and destory property and get away with It. Case In Point: I remember him telling me a story of when he was 18 and he went to a park to see his mother about something or other and ended up getting Into a fight with her. As she was leaving he wasn't watching what he was doing and ended up crashing Into his mother's parked car. When they brought both cars back to The House, (apparently they were still drivable), and explained what happened to both cars, his Dad flipped on him telling him he would have to walk to go anywhere from now on. At that point my friend put his foot through his basement window and pointed his finger directly In his Father's face screaming back at him. Here comes The "best" part: Apparently he had to go to work that night, (I think he said his Mom drove him In one of The cars that wasn't damaged too bad), but when he got home he found out that his Dad didn't call The Police or throw all of his stuff out Into The Street or change The Locks on The Doors like most parents would have. No, he went out and bought him "3 Bruce Lee Movies." Yeah, It's no surprise The Daughter ened up the way she has.

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Y'know, I started to read this, and thought about answering it, but I got so distracted by the Strange Capitalization that I couldn't handle it any more. I found all my albums from The Doors and The Police, but don't know where the ones by The Street, The Locks, or The House are...

 

Seriously though, if they are committed to getting rid of her, it's not hard to change the locks one day while she's out. She's over 18 so she's not a dependent anymore, and she's not paying rent or mortgage, so she's not a tenant.

 

If they're uncommitted suckers though, that's another story - reminds me of the Simpsons episode where Bart kept grabbing the electrocuted cupcake. Some people never learn.

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