I live with a drug abuser ( pcp) and he is on probabtion as we speak apparently he is so addicted nothing will change.My question is as his wife I,m tired of leaving,threating him ,throwing the stuff I find away,sending nasty text messages to the dealers when i FIND THERE NUMBERS, I want peace.Question is: what do I need to do to have him served and ordered to leave "our home" ( in both our names) until he either deceides to go to rehab or jail? I want him out so I can live in peace and without the drugs! I will not call the police or report him, been down that road already,all the justice system did was ( slap his hands) make him do A TIME OUT so to speak, and put him on probabtion! Thats a joke, he uses everyday and do what good is (supervised probabtion)? All there interested in is getting there money he is ordered to pay every month ,big damn deal! any advice please??
1 Answer from Attorneys
You did not mention it, but if he has recently acted violently or even reasonably created fear of violence toward you, you could file court papers for a domestic violence order which would result in his immediate removal and a court hearing on the issue in a week or so. Short of that there is no authority other than a violation of probation which would require you to report any such to his probation officer.