Legal Question in Real Estate Law in Tennessee
Left behind property from abusive ex.
I finally ended an emotional and somewhat physically abusive relationship a bit over 30 days ago. She is still trying to twist me up with lies and manipulation and now threats of bringing people and new boyfriend over to force entry into my house. We started the break up 60 days ago, 35 days ago she returned the key and left. Because of the damage she has done to the property and her statements of taking things that clearly are not hers I have no intention of letting her in the house. After her threats of bringing people over, which I took as physical threat, ontop of the incidents of waving knives at me and pointing guns, I went today for a restraining order. My question is on the property she has left there for over 30 days, some information I have read say it is up to me to decide what to do with the property. But mainly want to make sure she has no legal right to re-enter my property after vacating for 30 days. Do I have the right to determine at this point what she does and doesn't get back and how it is delivered to her? She also makes lots of threats for having me arrested for false charges, which is another reason I don't want her near me, on my property or in the same room.
1 Answer from Attorneys
Re: Left behind property from abusive ex.
IT SOUNDS LIKE YOU NEED TO CHARGE HER WITH ASSAULT AS WELL AS GETTING AN ORDER OF PROTECTION. THE Judge at the Order of Protection HEARING SHOULD ASK YOU IF YOU WANT HER OUT OF THE HOUSE. THE JUDGE HAS THE POWER TO REMOVE HER FROM THE HOUSE. BUT YOU MUST ASK FOR THAT. YOU MUST STRESS THAT TO THE JUDGE THAT YOU DO NOT WANT HER WITHIN 100 YARDS OF THE HOUSE BECAUSE YOU ARE TRULY AFRAID OF HER. TALK TO THE DISTRICT ATTORNEY AGAIN ABOUT GETTING AN ASSAULT CHARGE PUT AGAINST HER.