City and Borough of Juneau
155 S. Seward Street
Juneau, Alaska 99801
tel. 907-586-5240
fax 907-586-5385
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Q. I currently have my son's father living with me, he has been abusive in the past and I gave him a 30 day notice a while ago, which he disregarded. I do have a roomate moving in and want him out by November 1st. I am afraid of the way he will react when he does have to leave. I would have friends/family there to help me, but he really doesn't care who he acts angry/abusive in front of.
What would be the best route to take the day he does have to move out?
Could I call a police officer to be there and make sure that my son and I are safe when he does, or his probation officer?
Thanks


Dear Juneau Resident,

Someone refusing to move out is a tricky situation. You can consult a civil attorney, possibly free or for a reduced fee through Alaska Legal Services, about making sure you took all the right eviction steps and can get a civil order forcing the man out. A judge can issue a writ of assistance to instruct officers to use force to execute the order. That can be a slow process with multiple steps. If someone refuses to cooperate with an eviction notice, things get really complicated and the courts often have to be involved.

Officers are not going to respond for a standby in a 'just in case' situation unless there is a protective order or some other court instruction, like the writ of assistance, in place. The worst possible situation for you, probably, would be officers standing there, he refuses to leave and the officers do nothing because we don't enforce civil process, like evictions, without a Judge authorizing the 'muscle'. This cuts both ways, regardless of gender. Officers have been present plenty of times when men were ordering a woman to leave saying that her name is not on the lease or mortgage. The man wants us to make the woman leave and we don't. If she has been living there she is not criminally trespassing.

If the probation officer will help that might be an option. They have different rules than the police.

It would be good for you to go to AWARE and go through your options with someone there. They are very educated in this arena and can discuss whether or not a protective order instructing the other party to leave the house could be appropriate. That would depend on a lot of specifics in your situation so it's best to discuss that in person with AWARE staff.

It's important that you shield your son and if you think it is going to be a tense day, try and make sure your son is not exposed to these adult issues or present when you think there could be inappropriate behavior.



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