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Old 05-24-2010, 11:13 AM
 
Location: Lyon, France, Whidbey Island WA
20,834 posts, read 17,091,022 times
Reputation: 11535

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Quote:
Originally Posted by JustJulia View Post
AADAD, the laws of any state other than the OP's are irrelevant. If you know what Missouri laws are, please post links. Alaska or Illinois law, or the law where PTC lives, are not pertinent.
Start here. mandated reporters in Missouri are similar to most other states including teachers nurses doctors etc. In addition in Missouri the legislature has enacted laws which make internet providers mandated reporters if they become aware of potential abuse of an individual most notably a child or elderly person. It is important to understand that mandated reporters statute were originally conceived to address crimes and as such they designated specific areas (church, school, hospital) where injured people would go to seek help. Missouri is among the states that has taken a great deal of care in managing it's laws to afford protection for it's individual citizens. Here is a link to their courts which should it become needed may be helpful to the OP.

Adult Abuse Forms
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Old 05-24-2010, 11:16 AM
 
Location: Up above the world so high!
45,218 posts, read 100,681,934 times
Reputation: 40199
Quote:
Originally Posted by JustJulia View Post
I don't understand why you posted that, Loves. The OP is not a landlord with a tenant; her boyfriend lives with her.

Julia, in real estate in my state, and I suspect in others, an ORAL agreement between a homeowner/lessor is as binding as a signed lease.

It is entirely possible all this guy has to do, IF he wants to be vengeful and make our OP more miserable, is sue her and claim his "tenancy" rights were violated. This is why I told our OP last night to contact either a battered women's shelter or the sheriff's department - they know the laws of their state and can best help her.

From the Missouri PDF:

"An oral agreement obligates the landlord and tenant for only one month. A landlord can evict the tenant or raise rent with only one month’s notice. Likewise, the tenant can give notice to vacate on one month’s notice. (One month’s notice means a full calendar month, and must include a full rental period.) But the tenant or landlord must give written notice to terminate the tenancy."
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Old 05-24-2010, 11:17 AM
 
Location: Small Town USA Population about 15,000
442 posts, read 965,103 times
Reputation: 205
Quote:
Originally Posted by JustJulia View Post
AADAD, the laws of any state other than the OP's are irrelevant. If you know what Missouri laws are, please post links. Alaska or Illinois law, or the law where PTC lives, are not pertinent.
So true, my sister lived with me for a year and did not pay for anything...anyway I called the police and they came and kicked her out!! Utah
Now had she been paying any kind of rent, I would have been screwed.
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Old 05-24-2010, 11:20 AM
 
Location: Small Town USA Population about 15,000
442 posts, read 965,103 times
Reputation: 205
Quote:
Originally Posted by KickAssArmyChick View Post
Get rid of me. What you wrote sounds like the story of my life with my soon to be ex husband.

He is right; he is NOT going to change and you need to do better things with your time.

My ex put his hands on me about a week and a half ago and I left town....I left the frickin country because I am so afraid of what he could do. It's only been 10 days but I already feel like I have gained my life back.

I am glad you know you deserve better!!!
Thats right I remember what you were going through...listen to her she went to Canada to be with her family to help her...hopefully you have someone that will help you emotionally.
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Old 05-24-2010, 11:20 AM
 
3,261 posts, read 5,302,953 times
Reputation: 3986
Quote:
Originally Posted by JustJulia View Post
I don't understand why you posted that, Loves. The OP is not a landlord with a tenant; her boyfriend lives with her.
ETA: Just saw that Love's posted the same

If you look through the link they specify protocol for "Oral Agreements", which this may be if he has mail addressed to him or a driver's license, etc.

However, if she has enough to have a restraining order, then may be it can be over-ridden. Best to ask the local police department.

ORAL AGREEMENTS (NO LEASE)
An oral agreement is only good for one month. A landlord can evict a tenant or raise rent with only one month’s written notice. Likewise, a tenant must give one month’s written notice to end financial obligations to a landlord.
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Old 05-24-2010, 11:23 AM
 
Location: 39 20' 59"N / 75 30' 53"W
16,077 posts, read 28,545,163 times
Reputation: 18189
Quote:
Originally Posted by trnsplntfrmNV View Post
So true, my sister lived with me for a year and did not pay for anything...anyway I called the police and they came and kicked her out!! Utah
Now had she been paying any kind of rent, I would have been screwed.
Utah is a 15 day notice, then eviction, you'll have to post a link for me to believe this.
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Old 05-24-2010, 11:26 AM
 
Location: Nashville, Tn
7,915 posts, read 18,618,410 times
Reputation: 5524
After several people disagreed with my post which stated that the house was not his legal residence I started having second thoughts about it. If the boyfriend has a driver's license with that address on it and is receiving mail there there may be certain legalities involved that I know nothing about and the last thing I want to do is put out statements that may be incorrect in a situation like this. I would definitely check with the police and ask their opinion.
Also, as someone else said, the gun is a huge mistake that could end up having the OP charged with a crime. It also escalates the seriousness of the situation which could lead to retaliation by the boyfriend in the future.
Make sure you're doing everything legally and find out about his status as a resident in your home and please don't even think of bringing a gun into this mess.
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Old 05-24-2010, 11:27 AM
 
Location: The Hall of Justice
25,901 posts, read 42,682,985 times
Reputation: 42769
Quote:
Originally Posted by AADAD View Post
Start here. mandated reporters in Missouri are similar to most other states including teachers nurses doctors etc. In addition in Missouri the legislature has enacted laws which make internet providers mandated reporters if they become aware of potential abuse of an individual most notably a child or elderly person. It is important to understand that mandated reporters statute were originally conceived to address crimes and as such they designated specific areas (church, school, hospital) where injured people would go to seek help. Missouri is among the states that has taken a great deal of care in managing it's laws to afford protection for it's individual citizens. Here is a link to their courts which should it become needed may be helpful to the OP.

Adult Abuse Forms
Okay. I don't know what the definition of abuse is or how the OP would indicate that she is in danger. I looked at several of those links, and it's not defined, other than a threat is present. Having a deadbeat boyfriend who says mean things doesn't strike me as dangerous, but as I have said, I don't know the law in Missouri. I don't consider someone saying something like, "You are such an effing B and I hate you" is abusive. I accompanied my sister-in-law as she got an order of protection against her nutso husband. The judge said plainly that the orders were NOT to keep unpleasant people away, they were to prevent violence and stalking. Reasons such as "I don't like talking to her" and "He bothers me but I don't want to tell him" were not valid. But this was in Colorado, which is why the OP should speak to professionals in her state.

Also, I googled "Missouri mandated reporter" for more info, and every link is for suspected child abuse.
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Old 05-24-2010, 11:30 AM
 
Location: Small Town USA Population about 15,000
442 posts, read 965,103 times
Reputation: 205
Quote:
Originally Posted by virgode View Post
Utah is a 15 day notice, then eviction, you'll have to post a link for me to believe this.
CAll the Cedar City police dept and they will tell you...officer Carter came out. 435-586-9445.

Then you can repost and apologize.
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Old 05-24-2010, 11:36 AM
 
Location: Lyon, France, Whidbey Island WA
20,834 posts, read 17,091,022 times
Reputation: 11535
Domestic Violence and Abuse: Signs of Abuse and Abusive Relationships

this is an excellent resource. It speaks to many of the OP's assertions. And you are right Julia that individual judges and police have their own prejudices feelings towards women (or men) and their own biases. For that reason, laws such as those mentioned in Missouri are tempered with a healthy dose of reality. It sounds like the OP has her own inner "resources" and friends to help.
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