Legal Question in Civil Rights Law in California

Getting an ex to move out

I own my own home. My girlfriend (who does not pay rent) and I have broken up. She has documented mental issues (including a 5150) and is getting increasingly violent. I fear for my safety and I need her out. How can I get help making her leave my home?


Asked on 4/29/08, 11:40 am

1 Answer from Attorneys
Michael Stone Law Offices of Michael B. Stone Toll Free 1-855-USE-MIKE

Re: Getting an ex to move out

First of all, let's make sure nobody gets killed, hurt, or, especially, arrested. While, legally, her status is that of a "lodger" and theoretically you should be able to have the police remove her at any time, that might engender trouble. In today's legal climate, if you remain there with her you are at extreme risk of being arrested and accused of domestic violence should the police come there for any reason. You would have to post bail and hire a lawyer even if the arrest is completely bogus.

Tom Leykis, the mens' rights advocate of talk radio, has recommended to men in similar situations that they move out temporarily and disconnect the utilities to the residence. Maybe you should listen to (or call) his program (97.1 FM in the Los Angeles area, 3-7P weekdays, www.blowmeuptom.com). Your situation seems to come up almost daily on his show.

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Answered on 4/29/08, 1:03 pm


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