From bad to worse...m

[Giggles]

Hi Soc...me again.

The State is Maryland.  I first posted about my STBX Boyfriend trying to Evict me and then about getting a protection order.  Things just went from bad to worse!!!  When I got home yesterday, he informed me that he went and filed at the court to have me kicked out.  He said that he still wants to work on things that he doesn't want our relationship to end...ugh.  Then to make matters worse....he took away my mail box key so now I can't get my mail.  AND THEN....he wakes me up at like 2 am wanting to have sex...I asked him what he was doing and he said...."Oh...since I went to the court I can't touch you now??  Y'know I wasn't sure if I was doing the right thing...but with your actions (refusing to have sex with him), now I'm sure Im doing the right thing".  

1.  If he did go to court, would they issue an eviction warrent even though he never gave me written notice to vacate?

2.  What can I do about getting my mail?  He took the key without my knowledge.

3.  Do you have any idea how long this process takes?  I should find out today that I am approved for a home loan.  I am trying to buy a home, would a judge be able to give me more time based  on this?  I have 2 small children (8 and 5) at home, would a judge throw us on the street?  We have NO WHERE to go...other than a shelter :-(

[socrateaser]

>1.  If he did go to court, would they issue an eviction
>warrent even though he never gave me written notice to
>vacate?

Nope. You must be "served" a summons and complaint by a disinterested party like the Sheriff.

>
>2.  What can I do about getting my mail?  He took the key
>without my knowledge.

If you have any bill addressed to your residence, you can get the postmaster to give you another key. If it's a private mailbox, you'll have to ask the court to order your bf to give you access.

BTW, you are describing facts that are sufficient to obtain a restraining order for emotional abuse, i.e., demanding sex and restricting access to U.S. Mail, lawfully addressed to you at your residence, taking your mailbox key, etc.

>
>3.  Do you have any idea how long this process takes?  I
>should find out today that I am approved for a home loan.  I
>am trying to buy a home, would a judge be able to give me more
>time based  on this?  I have 2 small children (8 and 5) at
>home, would a judge throw us on the street?  We have NO WHERE
>to go...other than a shelter.

30 days, minimum. Judge is not gonna toss you out, but you need to make the judge aware of your circumstances. You haven,t even received notice to vacate, much less a summons. Worst case, you go for the restraining order and have your bf thrown out.

Are you still sleeping in the same bed, with this guy? If so, why?

[Giggles]

That's the problem...it's MY bed in his house.  
I usually go to bed LONG before he does...I'm going to start sleeping in my daughters room...there's a lock on that door.
I have an appointment today to speak with a lawyer.  I spoke with a DV Safehouse and they recommeded I call CPS due to an incident that took place this weekend with my daughter.

Thanks Soc!!!