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.
http://kingcorey.com/2008/12/dont-talk-to-police-ever-ever-ever-ever-ever/
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.
Disclaimer: Opinions posted on Free Republic are those of the individual posters and do not necessarily represent the opinion of Free Republic or its management. All materials posted herein are protected by copyright law and the exemption for fair use of copyrighted works.