Legal Question in Criminal Law in Virginia

Liability Of Drugs Found In Home and Removal of Abuser
I need to get my boyfriend to move out because he is smoking pot every day and has been using crack for at least three years. He keeps promising he will quit, and I've tried everything to help him, but nothing works so my patience has ended. He won't leave (the house is in my name although he pays 1/2 of everything - even maintenance) and I'm sick of the drugs and the people that come with it (I don't use them). If I call the police, I'm afraid I'll be arrested because pot is here (not the crack). Do I have any legal recourse to get him out? Should I move first and hope that he doesn't wreck my home? He has never physically abused me so I can't make that complaint against him, but I am an emotional wreck trying to keep this hidden from my friends and family. He does have felony convictions and I'm afraid he might hurt me if I do anything to send him back to jail which I'm not trying to do - I just want him out. Thank you for any help.

Asked on 8/04/02, 5:12 pm

Michael Hendrickson Law Office Michael E. Hendrickson

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Re: Liability Of Drugs Found In Home and Removal of Abuser

You give him written notice to move(certified mail return receipt requested) by a certain date,

after which time he will be declared a trespasser who may be removed by the police, if necessary.

If officers have to come to your home, it will be not to search for drugs, but to remove the trespasser from your premises-----which you will

have to ask them to do, if he does not leave voluntarily.

Your suggestion that you might move first and

leave the house to him is a terrible idea, which

would only result in him implanting himself even deeper in your property and incresing his resolve never to leave.

Answered on 8/04/02, 11:25 pm

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