Evict 18 year old stepson

jbloggs124

My 18 year old stepson has physically assaulted me 3 times. I have never reported this as I donf want him to have a criminal record. It was the final straw causing my wife and I to separate as she failed to support my wanting to evict him.
We are joint owners of the property and all still live under the same roof along with our six year son also.
It is a living nightmare. Can I legally get my stepson removed. Oh he also smokes weed in the house.

elsien

She has as much right to allow him to stay as you do to want him to go. Without pressing any sort of charges, I’m not sure there’s any way around that. This is more a relationship problem than a legal one. What are the plans to move forwards with regards to the property and living separately?

comeandgo

Off course she is not going to evict her 18 year old son, pick your battles better, as shown she will protect him.  Image yourself in 12 years time, would you want to evict your own young son?

badmemory

Has your young son seen any of this behaviour?  I do hope not as young children talk, especially at school.  To quote my (at the time) very young son I don't like daddies girlfriend.  So you could land up with social workers on the doorstep & frankly that would not be unreasonable of them.  To be honest I am surprised your wife does not mind drugs around her young son which presumably happens more often than the aggressive behaviour which possibly has a root cause in that same drug taking.

[Deleted User]

Your stepson will not recieve a criminal record should you involve police, an option you should explore further. Involving police  may prove to be an opportunity for him to get support and you. Contact a charity for advice. Obviously, we do not have all the facts, family relationships can be complicated. You may be a vulnerable person, and clearly you are falling victim to repeated assaults by an adult in your own home. 

trevormax

[Deleted User] said:

Your stepson will not recieve a criminal record should you involve police, an option you should explore further. Involving police  may prove to be an opportunity for him to get support and you. Contact a charity for advice. Obviously, we do not have all the facts, family relationships can be complicated. You may be a vulnerable person, and clearly you are falling victim to repeated assaults by an adult in your own home. 

If OP reports that his step-son has assaulted him, police will deal with the matter as a crime, and the step-son will have a criminal record. Further, if police attend and find the step-son in possession of cannabis, there will be a further offence of possession of a controlled drug. As this is a domestic report, police will complete a public protection report which will include details of all residents at the address (including the 6y/o) which may be passed to social/child services for their information. 

If the OP does not report a crime but instead asks the police to assist in removing the step-son, the police will tell the OP that this is a civil matter and will not get involved, especially if the OP's partner (joint owner) protests to the removal and wants the step-son to stay. The most the police could do (and they wont do it I can assure you) is remove the step-son or the OP from the address to prevent a breach of the peace, however this does not prevent the removed person from returning to the address 5 minutes later. 

My advice to the OP is to consider how far you are willing to go, and what impact your actions will have on your already damaged relationship with the step-son's mother, and your own young child. Obviously you cant allow this violent behaviour to continue, especially with a young child at the address. However trying to force him out may backfire and result in you having to leave the address. It could push a bigger wedge between you and your partner. 

Maybe it is worth looking at family/relationship help, and trying to talk this out with your partner to get her to see how her adult son's behaviour is causing damage to her, her partner, and her young child.  

sevenhills

jbloggs124 said:

My 18 year old stepson has physically assaulted me 3 times. I have never reported this as I donf want him to have a criminal record. It was the final straw causing my wife and I to separate as she failed to support my wanting to evict him.
We are joint owners of the property and all still live under the same roof along with our six year son also.
It is a living nightmare. Can I legally get my stepson removed. Oh he also smokes weed in the house.

You separated from your wife, but you say that you still live under the same roof?
So being separated was temporary.

Was this a fight between you, or did he hit you and you didn't retaliate? People smoking weed are meant to be laid back, what caused this altercation?

[Deleted User]

trevormax said:

[Deleted User] said:

Your stepson will not recieve a criminal record should you involve police, an option you should explore further. Involving police  may prove to be an opportunity for him to get support and you. Contact a charity for advice. Obviously, we do not have all the facts, family relationships can be complicated. You may be a vulnerable person, and clearly you are falling victim to repeated assaults by an adult in your own home. 

If OP reports that his step-son has assaulted him, police will deal with the matter as a crime, and the step-son will have a criminal record. 

Involving police may be necessary ultimately if OP is being assaulted repeatedly, irrespective of consequences for stepson.

Police must consider a referral to a multi agency panel to support OP and keep OP safe if the risk is seemed to be severe.

If 6 yr old is exposed to violence and drugs a referral to Childrens Social Care may well be warranted. Folk might not like the idea of social services involvement but keeping child safeguarding concerns a secret from professionals isnt right.

Now, there may be police attendance, arrest and records kept in police reports. Ultimately though, if OP does not support prosecution, I can tell you that the possibility of a victimless prosection is very unlikely.

jimbog

jbloggs124 said:

My 18 year old stepson has physically assaulted me 3 times. I have never reported this as I donf want him to have a criminal record. It was the final straw causing my wife and I to separate as she failed to support my wanting to evict him.
We are joint owners of the property and all still live under the same roof along with our six year son also.
It is a living nightmare. Can I legally get my stepson removed. Oh he also smokes weed in the house.

Report your stepson to the police. He has to take responsibility for his actions. A non-molestation order would serve the same purpose as you 'evicting him' by barring him from your property. Your wife can then argue with the magistrate.

No form of domestic violence should be tolerated

TripleH

Maybe approach your 'wife' from the view of concern for the welfare of your 6 year old.

Brothers fight (especially when young) can she be sure her sons won't?

A 6 year old brain may not be able to cope with the effects of cannabis as well as an adult brain.

What I hate is people claiming cannabis is less harmful than alcohol often seem to ignore that you can sit in a room consuming alcohol and only intoxicated yourself but predominantly with cannabis the rates of second hand intoxication are much higher.

Titus_Wadd

I lived under the same roof as my ex for two years before we finally got divorced.  If OP is thinking of divorce it might be worth speaking to a solicitor (a short initial free consultation is offered by many firms).

I agree with other posts, the safe development of the child is more important than avoiding social services getting involved.  If the separation would involve the mother living with both sons perhaps the OP could aim for the young boy to live with him if the wife refuses to prioritise the child's safety over the adult son's behaviour. 

Maybe reporting future assaults to the police would at least record the incident for future reference.  The older son has to take some responsibility for his actions and learn that actions have consequences.

I hope things improve for you soon.