Legal Question in Family Law in Maryland

Re: How do we ''evict'' an emancipated child?

The quickest way to have your adult son removed from your home, if he has been physically abusive, if he has put another member of the family in "fear of imminent serious bodily harm," or if he has assaulted any member of the household, would be to file a petition for protection from domestic violence. You can file it in either the District Court or the Circuit Court, and the courts have a simple form to fill out to file the petition. This is the same procedure provided for cases of domestic violence involving husbands and wives. The judge can grant an "ex parte" order immediately, which means that without your son being present he can be ordered to vacate the home for a period of seven days. The police or sheriff's department will enforce this order. A hearing will be scheduled, and your son will be notified that he needs to be at the hearing to make whatever case he can about why he should be permitted to return to the home. In the situation you describe, I can't imagine the judge denying you a protective order. The protective order can require your son to stay away from you and your home for a period of time up to one year (and I would hope that by the time the order expires your son might have a home and a job and a better understanding of his rights and responsibilities). You have no legal obligation to permit him to continue living in your home or to support him, so long as he is not disabled. Another way to have him removed would be to file eviction proceedings in the District Court. This would be a slower procedure, and if you are afraid of his reaction, you might be better off with a quicker method. There is, incidentally, no simple friendly way of having him removed. If you allow him to intimidate you, he will continue to do so.