Q: How to prove someone does not live with when a protective order prevents you from going home?
My brother was charged with threatening in the 2nd in Connecticut. He was released on bond and had his arraignment already. They continued the protective order and told him to prove his accuser does not live there after he told the judge she does not. Currently the mother of his 2 young children is still in his legal residence and he cannot go back home. This is not her legal residence. She was staying with him because she was homeless for about 2 months when this happened. However she told the cops she has lived for 5 years. How can he prove it is not his legal residence and go back home until the court date. DCF is inovolved and they are supposed to be trying to find her a place. He also has 2 other older children, with a different woman, who live with him during the week sometimes and they have not be able to go back to his house. We need to know what we can do. Can they make him provide shelter for her while he has none? She does not receive mail there. Its not her apartment.
A: He has a few options. If he is the lawful owner of the residence, he can hire an attorney to begin an eviction process to lawfully remove the woman from his residence. If he is not the owner, then he should inform his landlord that the landlord needs her evicted, as he cannot enter the premises with her living there. He should offer to pay the landlord the cost of for the attorney handling such eviction. If the landlord refuses to act to evict her, he should hire an attorney to put the landlord on notice that your brother will stop paying rent until he has access to the apartment.
He can also stay in constant contact with DCF (as is his right as the father) and keep pressure on DCF to try and get her to another residence.
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