Legal Question in Family Law in Massachusetts

step daughter and family, please leave

Can I demand after 2 1/2 years that my stepdaughter, her non working husband and their 4 kids, age 3 to 11 move out and find somewhere else to live. We have tried to help them but they save nothing and spend, spend on silly stuff for themselves, EXAMPle, Xbox

game systems, HD tv sets, laptops and on and on.

I have given them to Sept 1 and

live in fear of recourse, what do you think?? We own the home and they live in the same apartment as my husband and myself. They give us $400.00 a month.


Asked on 7/30/06, 6:07 pm

3 Answers from Attorneys

Maria Murber Law Offices of Maria Murber, PC

Re: step daughter and family, please leave

See below Chapter 209A and its elements. You can go to Massachusetts General Laws to look up the whole statute. If you are in fear, you could go into the court exparte(without the other party) and request a restraining order. If allowed, you bring this to the police station in your county and they serve the individual(s) and they would probably have them leave. However, they have young children there and if you are not truly in fear you may want to follow the route of eviction, as advised by the prior attorney.

Atleast consult with an attorney on how to proceed with the eviction properly, as many times, individuals proceed improperly and have to start all over again if not done properly.

CHAPTER 209A. ABUSE PREVENTION

Chapter 209A: Section 3. Remedies; period of relief

Section 3. A person suffering from abuse from an adult or minor family or household member may file a complaint in the court requesting protection from such abuse, including, but not limited to, the following orders:

(a) ordering the defendant to refrain from abusing the plaintiff, whether the defendant is an adult or minor;

(b) ordering the defendant to refrain from contacting the plaintiff, unless authorized by the court, whether the defendant is an adult or minor;

(c) ordering the defendant to vacate forthwith and remain away from the household, multiple family dwelling, and workplace. Notwithstanding the provisions of section thirty-four B of chapter two hundred and eight, an order to vacate shall be for a fixed period of time, not to exceed one year, at the expiration of which time the court may extend any such order upon motion of the plaintiff, with notice to the defendant, for such additional time as it deems necessary to protect the plaintiff from abuse;

Good luck! Sincerely, Maria Murber

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Answered on 7/31/06, 5:55 am
henry lebensbaum Law Offices of Henry Lebensbaum (978-749-3606)

Re: step daughter and family, please leave

If they are not your tenants, you can ask them to leave at any time. If they have threatened you, or worse, then you can seek a restraining order, with their immediate removal. You did not state why you feared them. If they are merely guests who have overstayed their welcome, they you may even seek the help of the police. You can go to your local police department and speak to them about what they can do to assist you.

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Answered on 7/31/06, 9:26 am

Re: step daughter and family, please leave

You will have to go through an eviction proceeding. If you are in fear for your personal safety, you can seek a protective order (restraining order) against one or both of your step daughter and her husband. Please contact my office if you wish to retain our assistance.

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Answered on 7/30/06, 6:14 pm


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