This situation is years in the making, I'll be attempting to describe it while literally clenching my teeth in rage and planning a homicide, so please bear with me if some sections need clarification. I apologize in advance if this isn't worthy of its own thread.
About 5 years ago my sister (15 years old at the time) started dating this guy. Everyone was against this relationship, as he is 10 years older than her, and has statutory charges on his record, along with a slew of other charges against him. At the time she started seeing him she was pregnant. The baby is not his, and under the anonymity of the internet I'm going to go ahead and divulge the fact that she was drugged and raped resulting in this child. Anyway, as far as the child knows he is dad, though legally he has no custody rights. A few years down the road she has another child, this one belonging to said asshole. Now their relationship was never golden, ever. They always fought, and did so in front of the kids. These fights were generally screaming matches with broken household items, but sometimes they got physical. Unfortunately, it was never one-sided and the police said there was nothing they could do as far as putting his ass in jail. He eventually became very possessive, clingy, and downright insane. I was called over at one point to mediate a fight between them and when I told him to man up and move on, he responded "She loves me she just doesn't know it." The relationship ended soon after that, when during one fight he choked her until she passed out and left her laying on the floor until she regained consciousness. She filed a police report and went through the necessary steps to file an emergency restraining order. A few nights later, before he had been served the restraining order, he waited for her in the parking lot at Wal-Mart, where she was working the night shift at the time, and grabbed her, dragged her into her car and proceeded to choke her again. She managed to get him out of the car and sped off, running over his foot in the process. He went to the hospital to have his foot taken care of, and was arrested there. Unfortunately, since the restraining order had not been served yet, he did not technically violate it. He was bailed out and a hearing was held last Friday which got continued for 2 weeks. Now according to the arresting officer who was present at the hearing, this is a case of "he said she said" seeing as she was required to park in the back of the building and there were no cameras, and he will likely get off without much hassle.
Now that there is some background out of the way, here is the question out of all of this. After the choking/restraining order incident, my sister was terrified of this guy. I was currently looking for a new apartment, and she requested that I move in with her so she could feel safe. The ex-bf was legally removed from the house at the time, even though his name was on the rental agreement. So I moved in, and have been living here for a few months. He has not/will not come around when I am here, he told my sister when they were together that he is terrified of me. The problem is, he has completed the process to legally be allowed back into the house. My sister is at a loss, she will not be here when he is here but can't stop him from coming. He says he is legally permitted to throw me out too. Is there anything that can be done to keep him out? Can he legally throw me out when my sisters name is on the lease as well and she does not want me removed? Can she file a restraining order again without some type of threatening action on his part?
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