Sister’s boyfriend threatens to have her kicked out of her own house

[mrichman333]

My blood is just boiling over this. My sister owns her own home and let her boyfriend move in with her a few years ago. He’s basically a bum and they have been fighting a lot lately. One night my sister called 911, when the police came her boyfriend talked to the police outside and when they came back in, the police told my sister they couldn’t ask him to leave that she would have to evict him and that she should spend the night someplace else. He also filed some kind of complaint against her and was told he could file a restring order against her. Now he is threatening to file a restraining order and have her kicked out of her own home. Were the police right? What can and what should she do?
This happened in Brick NJ.

Please help, I don't know what to do.

Mary

[BKM]

Doe's he contribute any money to the household, buy food, pay bills?

Doe's he receive U.S. Mail addressed to him at the household?

Is there any "common law"? New Jersey does not allow the creation of a “common law” marriage. However, New Jersey does recognize as valid, common law marriages created in other states if the legal requirements of those states have been met. Has your sister and her boyfriend lived together outside NJ for any period of time?

If you can answer YES to any of the above: you will have to give him 30 days notice to leave. If he doesn't leave in 30 days you will have to have him evicted by a court.

If you can answer NO to all the above: you can tell him to leave, and if he refuses to leave you can call the police and have him arrested for trespassing. Once he is arrested you will want to change all the locks on the house, so if he were to come back and gain entry to the dwelling, you can have him arrested for burglary, which is an indictable offence in NJ.