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Originally Posted by guccilvr
fhqwhagads... just a question out of curiosity. If the man was sole owner of the house and his girlfriend was just staying there (living) does that really make her an established resident? If her name is nowhere on the deed or lease then technically she has no rights regarding the house correct?
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In my state, yes she does. If she has been staying there for a certain period of time (30 days or more, usually), she gets mail there, she has clothes and thing there, etc.... we can't make her homeless at the drop of a hat. If the other half goes to the courthouse and seeks a protective order, the judge can issue what's known as a "vacate order", and then we go and remove the other party. I can't just decide to do that without a court order.
Of course, every situation is different. If I have reason to believe that a person is going to be an i
mmediate threat to themselves or to someone else, I can take the person to the hospital and place them into "protective custody". This is most commonly used when I can show that a person is suicidal. To remove someone and place them into protective custody because they were arguing with a spouse would be a large stretch.
Like I said though, every case has to be looked at on a case by case basis. There are very few absolutes.