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Is this illegal??????....He follows me .......?

Recently my boyfriend and I had a domestic dispute.....I had him arrested...every since his arrest he is following me thru my home resording my every move...Is this against the law?

BTW --- He has been living with me for less than 3 months we have no written lease....

Update:

To elaborate further..I did not want to allow him back in my home.tried to lock him out and he called the police on me....they advised that I could not lock him out...he had a right to access MY HOME..I am a home owner...so it is not as simple as moving ....He moved here from out of state and I am trying to have him evicted.....however the police will not make him leave. I have paid to have him served witha eviction notice...This started off as a good thing with good intentions and has gone very badly.... I want him out ASAP ...however the catch is a restraining order would prohibit him from getting his property or sending someone on his behalf and I do not want any further legal action with this loser once he is out of my home I want him out of my life FOREVER........!!!!!!

12 Answers

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  • 1 decade ago
    Favorite Answer

    I see a whole lot of people converted "domestic dispute" to "domestic violence" automatically. Without knowing which was which, my first question would have to be "is there a restraining order in effect?" If there is, he (in some states, both of you) would be in violation for still living together if the Court has ordered no contact.

    If there is no restraining order, what is the status of your relationship? Are you attempting to work things out, or has one of you decided to leave and just hasn't left yet?

    It could be, as another poster mentioned, that he's looking for things with which to have you arrested. It could also be that he's now gunshy and is attempting to cover his behind to prevent a repeat performance. Have you talked to him about this? Either way, IMHO, you probably don't have much future together and one of you should be moving out.

    I see a lot of advice to get a restraining order as well, which makes me cringe. The entire purpose and intent of restraining orders was safety. The order was designed to prevent violence against spouses, co-habitants, and such, by providing for immediate arrest if the contact prohibition is violated. How or when it became a tool for revenge, or a quick way to let the police dump someone for you, I don't know, but I have to ask you to consider whether you're actually in fear of him harming you.

    If you are, (and I have to wonder just how afraid you could possibly be to go right back to living with him) then absolutely seek a restraining order or, if one is already in effect, report the violation to the police. If you aren't in fear of harm, however; if you're simply annoyed that he's recording you, frustrated that he won't leave, or tired of being with him, then please just break up with him and get away from each other.

    There is a world of difference between being truly afraid of someone and deciding to be afraid of someone.

    ** edit **

    I surmised that there was no restraining order, once you said the police will not make him leave. It sounds like you two have just become bad roommates, and you're doing the right thing by evicting him. In most States, as soon as you allow someone to "live" with you, lease or not, you can't simply throw them out again, but must evict them through the Courts.

    I can sympathize with your desire to be rid of him, and that you want no future contact with him. I wouldn't want to be in your position. I applaud you, though, for not immediately jumping on the restraining order bandwagon, without determining whether it was needed or not, like so many others do. Thank you for being fair about it.

  • 1 decade ago

    Unfortunately him following you around a residence he has every right to be in is not illegal. You say you have no written lease. Is he living at your place (apartment where you have a lease with someone, home, etc)? If so you may be able to evict him in the same manner a landlord would evict an unwanted tenant.

    Many of the people posting here have a good point. You need to get rid of this guy. If he won't leave, then you should.

  • Anonymous
    1 decade ago

    If you're still living together in a rented dwelling you can't do too much about it. If the place is rented in your name then you'd have to evict him through the court system which takes time and is a hassle. Remember in many areas if a person's been living at a place for over 30 days they're an official tenant with all rights due them.

    In your place I'd inform the landlord of the situation, move out and put some distance between you and your ex before the situation gets really ugly.

    Also remember if you do succeed in evicting him and getting a restraining order there's still nothing physically barring him from returning to cause you grief which is why I'd get hell out of there.

  • When someone goes to jail they have bond conditions, call the courthouse and get a copy of them, normally the person committing the crime and the victim are not supposed to have contact with each other. You may want to file a stalking report.

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  • Anonymous
    1 decade ago

    You had him arrested and want to know why the psycho is following you around. You are still living together? You definitely have a problem. MOVE away from him! Are you waiting for act 2?

  • D J
    Lv 7
    1 decade ago

    Let me get this straight. you had your boyfriend arrested for domestic violence and you are still living in the same apartment? Are you stupid or what? If it's your place, throw him out. If it's his place, pack you stuff and get out now before you end up dead. Do it now!!!!!

    Get a restraining order and go on with your life and forget this loser.

  • Anonymous
    1 decade ago

    Umm..I am assuming he hit you and that is why he was arrested. Then, when he was released, you let him back into the home??? Hmmm...something is wrong with this picture.

    But to answer your question, NO!

  • 1 decade ago

    he is stalking you. of course its against the law especially since you had him arrested for abuse call the police quick your life may be in danger

  • 1 decade ago

    so whys he your boyfriend? but you are bringing this all on yourself. tell him to leave. or and then get a restrainign order then that will be illegal but it is not if you still allow it to go on

  • 1 decade ago

    If you still co-habitate, you will find no sympathy in the laws' eyes.

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