Legal Question in Civil Rights Law in Iowa

My brother is currently struggling with his girlfriend. His girlfriend suffers from some mental health struggles. In her time of manic, she has destroyed hi house now on two separate occasions in about two months from drywall to breaking personal objects because she was mad. She has a history of domestic abuse charges as well as other assault charges. My brother would like to ask her to leave but he knows that she will destroy the house, objects in it or potentially attack his family. She has already sent messages to them and talked of further destroying things if things didn't go her way. He needs to know what his best options would be. If it would be best to evict her, just kick her out or get a restraining order? The house is in his name as well as all of the utilities. He has lived there for approximately three to four years.


Asked on 11/16/15, 8:12 pm

1 Answer from Attorneys
Robert Luedeman solo practitioner

She's a tenant at will in his house unless they're married or common law married. As such he cannot throw her out without notice and an opportunity to be heard, she's got to be evicted in the legal way. Has she contributed any money to the payments or the maintenance and upkeep of the house? He could try and get a restraining order but then he would have to confront the issue I've just mentioned and she could present evidence on her behalf.

Let your conscience be your guide, but do not lay a hand on her.

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Answered on 11/17/15, 6:16 am


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