Housing issues / eviction

Although I am not specifically familiar with your state’s housing laws, generally, a person cannot just “kick someone out” of a home and change the locks once that person has lived there for more than a certain amount of time. If a person does lock someone out of the home, the victim may be able to go to the police to report that s/he was illegally evicted. The police might make the homeowner let the victim back in the home or may take other actions such as arresting the person who illegally evicted the other person, for example. You may want to talk to an attorney in your state [HYPERLINK TO FINDING A LAWYER] to find out what your rights are.

INCLUDE IF MARRIED OR IF YOU ARE UNSURE: When this sort of action happens between people are married, it’s possible that the victim may be able to go to court to seek an order of protection based on being locked out of the home. A judge may order that the victim be allowed back in (“restored” to the home) and even that the other spouse be not allowed in the home (“excluded” from the home). You can read more about orders of protection in your state on our website. [HYPERLINK] In addition, if the person who was kicked out of the home does not want to return to the home or if the judge denies the victim’s request to be restored to the home and to have the other person excluded from the home, the victim may still be able to ask the judge to order a police escort to remove his/her personal belongings from the home.

INCLUDE IF THEY ARE NOT MARRIED OR IF YOU ARE UNSURE: If you are not married to the person with whom you live, be sure to mention to the attorney if you are paying any rent (and then could be considered a tenant) or if you are not paying rent (and may be considered a guest) since the laws may differ based on the situation.]

Usually, according to the law, if someone wants another person to leave the home that they share, the person would have to start an eviction proceeding and will have to follow certain, specific steps regarding proper written notice requirements as laid out by state law. Or if the parties are married, one spouse may file for divorce and ask the judge to order that s/he get “exclusive use of the home.” In other words, as part of a divorce, the judge can decide who gets to remain in the home while the divorce is going on.

Also, you may want to think about safety planning - ways you can keep yourself safe. Here is some information on this: LINK and here is a link for local domestic violence organizations that may be able to help you: LINK