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Hello. I am a lawyer with over 15 years experience I will try to help you with this.
Can you just tell me how old is her son, what is he doing to abuse and harass your daughter and has she called the police for assistance yet. If so what did they do?
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Yes police have been called. They removed him from the house. He phoned pleading he had to live in a tent. My daughter allowed him back under certain conditions which he has not stuck to. He is abusive verbally using foul language . He aggressively shouts at her causing fear. On one occasion he kicked the bedroom door and broke the lock. His sister's boyfriend will not come to the house because of his aggression. My daughter no longer has a husband.
I assume that your daughter is the owner or tenant of the property. If so her son has not right to occupy except with her permission. If she withdraws her permission he will have to leave. If he refuses she can evict him. Practically this may be difficult. She could change the locks on the door for example.
If he commits any criminal offences then the police can be called. Threatening violence can be a crime, damaging property belong to another is an offence and putting someone in fear of immediate unlawful violence is also an offence.
It may be that the best way forward is for your daughter to tell him she wants him out. She could give him a few days to find somewhere new if this is practical. If the situation is too bad for that she could simply put new locks on her door when he is out and keep the door locked when he returns If he has belongings inside then something il needs to be done about getting them to him.
If necessary she can call the police of he is threatening her or damaging things.
It is possible in some circumstances to get court orders –without involving the police to keep a particular person away from a particular place or person to protect that other person. I have doubts about whether that would be possible in this case due to the lack of actual violence.
If he was arrested and charged he would likely have bail conditions to keep away for the house and not to contact your daughter. Any prosecution would almost certainly need you daughter to sign a statement stating she was willing to go to court and she wouldn’t necessarily be able to stop the case once it has started.
In order to protect herself your daughter will have to gather the strength to remove him from the house and be willing to call the police for protection, which could lead to her son getting a criminal record. Will she be able to do this?
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