Legal Question in Real Estate Law in Georgia

Restraining Order

My mother in law has given her son (over age 18) 30 days written notice to vacate her home. She has told him and his girlfriend that the girlfriend is not to be in the home, or even on the property. The girlfriend continues to use subterfuge to enter the home at night after my mother in law is asleep, and neighbors report seeing here there during the day while MIL is at work. Is there any way to get a restraining order without the use of an attorney? The girlfriend has a criminal background and leaves drug paraphrenalia in the home but hasn't threatened my MIL in any way.


Asked on 9/24/02, 10:24 pm

2 Answers from Attorneys
Hugh Wood Wood & Meredith

Re: Restraining Order

Well it does not sound like you have legal standing (the legal right) to do anything about it -- unless it is your house. It would appear the MIL can do LOTS of things about it, but perhaps she does not want to; or, for some reason refuses to; or, is scared of the backlash from her son if she does something. Why a restraing order? She, MIL, owns the house. Why not have MIL confront Ms. X ask her to leave and if she does not have her arrested on the spot as a trespasser.

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Answered on 9/25/02, 12:46 am
Charles W. Field Charles W. Field, Attorney at Law

Re: Restraining Order

I have a different take on the situation from Mr. Wood, but that may be because I don't understand the factual situation. I assumed that the girlfriend was living, at least part time, with the son. If that is the case, (again making an assumption that there was no written lease)the son and his girlfriend may be tenants at will. The MIL could file a dispossessory against both the son and the girlfriend. I would advise against having the girlfriend arrested if she had been given permission to live there.

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Answered on 9/25/02, 4:26 pm


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