What to do with the house guest from hell who won't leave and who's in your stuff? ~ "Best Answer" on AVVO ~ Call Michael A. Haber, Esq. @ 1-888-SHARK-8-1
Q: I have someone staying at my house whom is my fathers friend, she went through my room and stole change and more, what can i do? I set up my computer to record my room while my father and I went to a family event for 8 hours. I watched the video now a few weeks later, and catch her in my room doing the following: Heres a list of what I caught her doing on camera: Rummaging through my desk, taking change out of where I keep it in my jar, and business card holder, you see her take it out the room and put it down, looking under my bed, going thoroughly through my dress pants, going thoroughly through my backpack, going in my safe, goes in my closet, goes in my bathroom and shuts the bathroom door, going through my basket on the side of the toilet and my sink/cabinet and picking things up. She has a eviction notice from the judge and court marshall from my dad taking her to court to evict her. Can I sue her?
Answered . First make sure that it's okay with your dad, and if so then CALL THE COPS and show them the video. This is almost certain to result in her arrest (not to fail to mention to speed up the eviction process) as even a "guest" (someone who is lawfully on the premises) can commit a burglary by entering an area where she does not have permission to be and by therein taking items which do not belong to her.
If your dad is down with this then please tell him that when she gets arrested he can appear at her bond hearing and ask the Judge to enter a "stay away order", which will 100% guarantee that she will not be permitted back on the premises.
If your dad is not down with any of this then you probably shouldn't call the cops (as that could drive a wedge in your family situation).
Either way I'm wishing you luck and hoping that you will follow up and let me know what happens.
Thanks for the great question (believe it or not they are not all great questions... I've answered more than 6,100 of them on AVVO and yours truly stands out) and I hope that I've been helpful in answering you.
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Based on some of my NJ colleague's comments I am confident that there is a civil procedure which you can employ to get a restraining order but my way (having her a** arrested and ordered to stay away as a condition of her pretrial release) is not only a guarantee but it's also cost free.
Again wishing you the best of luck and very glad to know that I've been helpful to you. I'm also grateful for the +++ feedback. That makes all my time spent worth the while.
For more than 23 years Michael A. Haber, P.A. has been providing creative, effective and zealous advocacy and counsel in cases ranging from DUI to drug trafficking and from misdemeanors to first degree murder.
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