Legal Question in Elder Law in California

My 30yold stepson has been living with us. He is drug addicted and my wife and I would like to not have to deal with him. I've thought of getting a restraining order (I'm 82 years old. )Wife wants to evict him from our house, but I don't think he'd stay away. How can we get rid of him?

Asked on 12/04/16, 2:53 pm

1 Answer from Attorneys

Gerald Dorfman Dorfman Law Office

Based just on the facts you have stated, you should give him formal notice (meeting all the legal requirements for notice) and evict him if he doesn't leave when the notice period expires. Just being drug addicted does not necessarily meet the requirements for a restraining order, but you should go over all the facts during a consultation with an attorney. If there are not grounds for a restraining order now, you may need to wait until he comes back before applying for one.

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Answered on 12/04/16, 3:37 pm

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