Can the police kick someone out of the house ?

Question

Well honestly my brother is a d***head and i really hate him. He doesn't respect my parents and many times he has hit,push and spit at my mother. He doesn't want to leave the house because he doesn't work. He has also broke many stuff that my mom has baught [her 400$ cell phone and he almsot broke the new one today, her TV and other stuff]

Well my question is can the police kick someone out ?

Answer 1

I am very sorry for you! If he has physically hit your mother, you can call the police and have him arrested for assault.

Answer 2

They should get an eviction notice, then kick his sorry *** out and change the locks.  If he tries to get in, call the cops and have him arrested on charges of attempted B&E.  He's 25, meaning he's an adult.  He should start ACTING like one, get a job, and get his own place.

Answer 3

Your parents need to have him evicted. Once they have an eviction order, yes the police will throw him out.

Answer 4

Can they?  They do it all the time.

For all those suggesting eviction - that's the route for somebody who has some right to be in the house.  If the house or lease isn't in his name, and he's an adult with no guardian link to your parents, he doesn't have to be evicted, just have him arrested for trespass (NY PL Section 140.15).  

Add in the damage inflicted on your stuff and you have the crimes (in NYS anyway) of criminal mischief (NY Penal Law Article 145 - a felony if the value is high enough).

If he's attacked you, and you're really 14, there's child endangerment (below the age of 17, you're a child - see NY PL 260.10)

Hope this helps.

Answer 5

He can be kicked out. He is not a minor anymore

Answer 6

Here in West Virginia and my former state of residence, Virginia, you can't be thrown out at will of the owners, name on lease or not. You have to go get an eviction notice giving him 30 days to leave. After the 30 days, then the police can remove him.

Getting the papers and going through the process can take a month or two since it requires going to court. If he gets a lawyer and decides to fight it, it can take a lot longer. All he needs is proof he lives there, a bank statement, car registration, utility bill, etc.  those things in the eyes of the law here give him the legal right to be there, doesn't matter if a lease exists or not. If he's violent, he can be charged, arrested and given a restraining order and get him out that way, but still will ultimately need to be evicted in any case.

Someone I used to know who was 19 at the time was wild, but not violent  and her mom tried to throw her in the street.  

Cops were called, they told her she couldn't throw her out on the street at will, lease or not.  Said she had to go get an eviction notice, go to court and have her evicted.  The girl didn't make much money and don't know how she did it but she got a lawyer somehow and they fought it for close to a year, she eventually dropped it and moved out.

Answer 7

Your mother can file charges and he'll be arrested. But the police aren't bouncers. If you don't file charges, they won't get involved.

If they just want him out, they can go to court and get an eviction notice, but that'll take at least a month, and then they'll still have to get the Sheriff's dept to serve the eviction notice.

Answer 8

The eviction process is lengthy, maybe they should pursue a restraining order since he is physically abusive.

Answer 9

It really depends on the laws of the state you live in.  Here in NC the police cannot kick anyone out of a house if there is proof they live there.  The owner of the house would have to take eviction paperwork out on the person and then if the person didn't leave (after the time period they are allotted) then the police can "kick" them out.  

However, every state is different and you might want to find out what the laws are in your state...simply call your local police department.

What your mother can do is press charges against the brother and can take a restraining order out against the brother.  By the power of the restraining order the brother would have to leave the residence.  So, basically there are two options to get him out of the house.