Legal Question in Landlord & Tenant Law in Missouri

Re: help with a family member who will not leave.

Under Missouri Law you and your mother can get an order of protection which is served by the sheriff. It is based on a fear of violence being done to you or your mother, or on your mother's current bad state of health. You and you mother simply go to the county court house and tell the clerk you want to file for an order of protection. The clerk will walk you through the forms and you will need to tell the judge that you are in fear of your health and safety if the brother remains.

The court will issue an emergency order throwing him out of the trailer and then he will set a hearing in 10 to 20 days for the "full order" which means an order that essentially makes him stay away for a year.

In my experience the major problems that erupt come after the first order is issued and a family member whines about being "on the street" or having to "live out of my car." Moms want to be moms, and they say "okay, you can move back in." If they do that, everything accomplished by the order is rendered null and void. So don't do this if your mom doesn't have a hard enough heart to make her adult son live on this own. If you get a temporary order and then waffle on the permanent order, you are unlikely to ever get another one from that court.

Good luck.