Skip to comments.Don't look to police for legal advice
Posted on 02/06/2014 6:42:06 AM PST by Shimmer1
I was helping a young lady last night (age 20), whose mother had kicked her out the night before for making out with a young man in his car in the driveway. YL had been kicked out with a sleeveless shirt, no shoes, no coat, and no medicine (she had surgery several weeks ago on her back) and the mom literally threw her out into the yard. The mom was apparently incoherent with rage and they could barely even understand what she was screaming at them. They're still not sure why she flipped out like that. She also kept YL's phone, which she does not pay for and just threw her laptop into the yard after her. Anyway, I picked YL up last night and drove her to her home to get shoes, coat, etc. The mom, who btw was previously a friend of mine but never will be again, is a "devout Christian" I also consider myself a Christian and am ashamed of her behavior!!!!! She then lied to the deputy that was called and told him she didn't kick YL out at all. Anyway, the point of all this background is to address the deputy's advice. I had JUST told the YL that you don't go to the police for legal advice and he started telling us that the mom couldn't kick her out and couldn't evict her for several days. This is not true! GA has a very specific and helpful set of laws that enable evictions. 30 days from the day it's served for not paying and 60 days otherwise. I foolishly mentioned she had much more time before eviction (I also know it's useless to argue with someone whose ego is tied up in his false knowledge) He said no, 3 to 7 days is all, and the judge gets to decide that. (the judge doesn't even hear this within that time, you have to file an announcement of the eviction in that time) He said it's up to the judge totally. I said even the judge has to follow the law, he said no, THE JUDGE IS IMMUNE FROM THE LAW. I almost laughed in his face, but didn't want to be drawn any deeper into his inanity. I know judges sometimes do silly, even stupid things, but the Magistrate Judge here in GA isn't immune from the laws of GA. duh. I admit they aren't precise in every occasion and he/she has some discretion with some things, but can't just ignore the legal guidelines and have someone out contrary to law. I just thought this is a good example of "don't go to the police for legal advice!!!!!!" ok, flame away, I just know someone is looking to argue over this.
I doubt many will disagree with you.
Interesting enough, but needs paragraphs.
Where is her father?
I have learned that the local cops, including our chief, are wildly ignorant in the law.
We have an open range law in Colorado and the chief informed me that it doesn’t apply to goats. A quick I’net search showed that it does, including the state’s own website.
Now, how hard would it have been for her to call dispatch and have them look it up? Instead, I had to do her work for her in order to protect my rights against her ignorance.
Avoid ever getting involved with LEO’s if at all possible.
I will never talk with a police officer again. EVER. And they are not on our side. Sorry to the LEOs in the Freep World, but your buddies made it bad for everyone.
You’ve never heard of ‘stream of consciousness’ posting?
Is it the mother’s house? If so, she makes the rules for those living there. Twenty year olds should be living where they can choose their own life style. Instead of attacking the mother’s Christianity, you should be grateful that she isn’t a Muslim or there would be no need for this post.
Actually, if the YL wanted to a d—k about it all she would have to do is go to the local magistrate and apply for DVP (domestic violence protection) order against the mother, which are pretty much rubber stamped by the local magistrates. Since they reside under the same roof, odds are the mother would be kicked out of her own house until the case is resolved, which could take months....
straw man argument - if she professes Faith - a certain evidence of her conviction in that faith obligates illumination if her behavior otherwise departs from that - This BS that “thank god she aint muslim” is no excuse for Christians behaving poorly.
I’m with you on this.
The young woman had surgery several weeks ago then making out with a young man in a car on the mom’s driveway.
There must be more to this than just the reason stated.
What a way to terminate ‘a friendship’.
If your domestic violence laws are similar to those here in IL, if 911 had been called the cops would have interviewed the parties separately, made a determination as to who was the aggressor, and that person would have spent the night in jail. That said, never expect the police to be lawyers, especially in a case like this where the YL is 20, not a child. Good luck to them.
“If your domestic violence laws are similar to those here in IL, if 911 had been called the cops would have interviewed the parties separately, made a determination as to who was the aggressor, and that person would have spent the night in jail.”
Not when it’s two women, these laws are only enforced when a man is accused so no neither one would have gone to jail that night. Some one else asked the most basic question which is where is the father? Did this “Christian” woman bounce him out of the house just like she did to her daughter? More than likely the answer to that is yes and more than likely she was portrayed in her church as one of those “brave single mothers”. Personally neither is representing Christ very well and if the daughter was making out with her boyfriend then why is she with you? Perhaps because this “Christian” woman’s boyfriend is not so up standing (more likely a bum or a thug) and wants nothing more than a little action before moving on?
Best advice would be to not get involved in these two women’s drama and realize that neither one is really a Christian.
generally they would just arrest the male anyways.
Cops are there to enforce the laws as they personally interperate the law. Once you are dealing with a cop your best bet is to shut up. There are so many stupid laws you can be arrested for anything. I don’t know the right cpurse of action in this situation but it seems unreasonable that a street cop should know the ins and outs of domicile laws.
The magistrate probably doesn’t know the law any better than the cop.
I once had a teenage girl tell a sob story and one of her friends took her in. In one night the woman was calling around trying to find someone to take her off her hands. I had warned her because I knew the father so I knew what the girl was saying about him were lies.
If you step up and take this young lady in, be prepared for her to stay a while. And be prepared to come to the realization that the situation probably bears little resemblance to the picture she’s painting.
By the way, why didn’t the boy she was making out with come to her rescue?
There is a difference between the laws that apply between landlord and tenant, and the laws that apply between tenant and guest. And each state is a little different, so who knows what Georgia courts would say.
I have clients tell me all the time that they called and asked the police.
I have heard judges say “the police are not lawyers”
police love playing God however
Now as for this young lady you are helping, if she is over 18, she is a guest in mom’s house in most places. She has no license to stay at mom’s house unless she is paying rent. If she is paying rent, then she has to be evicted. A line I have heard is that “if I get mail there, I have a right to be there”. No. You don’t. Or, ‘if I have been there fore 30 days, I have a right to be there” No, you don’t.
If she is a minor, then mom is responsible for necessities, but the counter to that is kid has to follow the rules.
So, kid is a idiot for making out in a car in her own driveway, her boyfriend is a loser and good luck to them both. Thank you for helping her, but she will likely spit on you shortly too. You will find her messy, eating and lazy and you will want her gone too.
She is obviously entitled and too stupid to make it on her own, but you have bitten off more than you can chew.
Yea, Everytime I try it I get trolled too.
I guess my general rule of thumb is: Don’t take people in who’s mothers have booted them out of the home.
I mean really, just play the percentage game. Sure there is going to be a small %% of screwed up mothers kicking gainfully employed, polite and considerate children out of the house. But all in all it’s probably the mother tired of being economically abused and having her good will thrown in her face.
Older relatives and friends fall into the parent/child trap when taking in young adults. Let the younger cousins and friends take em in.
Does the same apply to every liberal you know and/or work with, including family members? They are worse than police.
I could be wrong and the laws may have changed in the past several years since I last witnessed it in Georgia, so...
I realize the YL is a family member, but unless she can produce a rental agreement and/or receipts for payment of rent or lodging, she is a guest and no eviction process is necessary. A tresspass warning is sufficient. If the YL refuses to leave, she can be arrested for trespass after warning.
However, if the situation does indicate the eviction process is required, then it is a civil matter and the deputy’s job is only to keep the peace. He has no say in who stays or goes without a court order, signed by a judge, ordering the Sheriff (the Deputy’s boss) to take specific action listed in the order.
As soon as you realized the Deputy was stricken with “Barney Fife Authoritarianism” disease — which seems to be incurable and spreading rapidly — then you should immediately change your demeanor to shutting up, answering in mono-syllables and generally “smiling and nodding your head knowingly” so that the deputy doesn’t hang around any more than is absolutely necessary. You will also know that next time, you should have (at a minimum) an audio recorder to document the interaction.
At least, that’s what I would do.
I know a young lady who is pregnant and was kicked out into the streets. Spent a few nights on the streets. Someone took her in and she was kicked out two nights later. I guess this happened a dozen times during her pregnancy.
She even got kicked out of a couple of homes for pregnant unwed girls.
It was never her fault. All these people were just heartless.
The first time this happened, I was at a Christian meeting. I considered driving 500 miles to pick her up. I prayed and really felt the answer was “No”.
I got counsel from a number of people who I respect and who are very charitable. They agreed I should not do it.
Sometimes what seems to be the Christian thing to do is actually interfering with God’s work. Like when Paul said if a man won’t work don’t let him eat.
I’ve made this mistake several times recently, going to rescue someone who is down and out. My heart was right , but I didn’t bother to pray about it first. I found out later I made things worse.
The danger is becoming callous to those who genuinely need help. I think I err on the side of charity and action.
Joshua 9 tells about Joshua and the leaders of Israel making a covenant with the Gibeonites. They were apparently down and out and respected the Israelites and their God. It says they did not counsel with God. This covenant became a great burden for them and brought them a lot of distress.
Whomever believed that the cops “are the law” never understood the law. Cops are next to the dumbest people, it is why they are cops and not lawyers or something else. In the military the threat in school was always, “Flunk out here and we make you a cook or a cop.”
It is a widely held axiom that he who has the gun makes the rules. Countires know this, dictators know this, apparently this policeman knows it also.
are you the young man?
Very true, which is why I advocate the people always being as armed as anyone in government. Hmmmm....I think our founders knew this as well.
No, I’m a woman, who used to be a friend of the mom
Her father and mother were divorced about a year ago. YL took it very hard, the mom really got the shafted, yet I must say, she worked hard to turn her against the dad. Dad cheated on the mom while in Japan, on orders. He’s still “engaged” to his Phillipino sweetie. He has moved to Vegas, where he has a good job. YL did manage to text him on her laptop and he offered to have her come out and live with him. Because of what he did and because the mom has successfully turned her against him (with some reason, I might add) she was reluctant to go. But she knew she would have to if she didn’t get back in her home. She did get back in and they’re talking.
Sorry! Flow of consciousness is right.
I understand where you’re coming from, but she does have rights in GA, and I’m only, ONLY attacking the mom’s Christianity because she became a screaming mimi and kicked her daughter out in the very cold (for GA) with no shoes, no long sleeves or coat, and took her cell phone so she couldn’t call for help. She also lied about her actions. That’s not even Christianity.
Actually, no. In GA at least, if you live in the house, you have rights of residency. I’m a landlord here and I’m really familiar with the rights of tenants.
That doesn’t happen easily in GA, PLUS she doesn’t really want to hurt her mother. She just wants this to blow over.
YL found out today why her mom flipped out. The mom says it’s because she was so fond of the young man that it hurt her when they broke up and her heart was getting torn back and forth over the off and on of their relationship.
I say she’s a L.I.T.T.L.E. too involved.
She wasn’t with me, I was so upset at her getting thrown out in the cold with no coat, shoes, phone, that I went and picked her up at her friend’s home and took her home to pick up her stuff she needed just to get by for a few days. The mom had her stuff all packed and when she got there, mom threw it outside, so YL called the police on my phone. Both YL and I would have liked to avoid the LEOs but we had to go that route. I went and waited in my car and the deputy took it all over when he got there.
Our county magistrate judge is pretty knowledgeable and just.
I know what GA laws would say. I’ve run into this before. If you live there, you have tenancy rights. but thanks for the reply.
Thanks for your reply, but she isn’t staying with me. Her mom had been a friend of mine, and I know the YL now for several years. She isn’t a stranger, but also, I didn’t take her in, she’d only been kicked out for a day and was at a friend of hers. I just hated to see her without warm clothing, a phone and a proper bed to sleep in. She had a hospital bed at her home, and a couch at her friend’s. I just drove her to her own home to pick up some things.
He did, I just left that part out because the story was long enough as it was.
You are very literal aren’t you???? (giggle)
You are correct. If you want legal advice, ask a lawyer.
You’re saying Georgia is a chaotic state where a night’s stay in someone’s house entitles one to remain there unless thrown out by court order? I find that hard to believe.
That’s because I didn’t say anything like that. I don’t wonder you’re confused, you just made that up. In fact no one said anything like that. No one, including me, has brought up staying somewhere for one night.
Make no mistake, I am not defending the mother or the daughter. The mother could be a total beyotch. I am just saying if it is her house, and if the daughter is not paying rent, it is the mother's right to kick her out without facing legal action, at least under the general rules of law. Georgia may be different, I concede I don't know Georgia law. However, most real property laws, and tenancy laws, in the US descend from common law and are usually very similar.
I’m glad that you concede that you don’t know what you’re talking about.
I will wager I know 10x more about this subject, or any other than you. I am not a Georgia lawyer, but am more qualified than you to give an opinion on tenancy law in Georgia. You are right not to take advice from cops, though. Don’t take your own, either.