North Carolina,
My sister has lived with me at my residence for 7 yrs. Along with my mom and two adopted brothers. For most of that time I’ve asked her , my sister, to find her own place. She refuses. I never asked her to come there. She came there after the house she was living in was sold by the owner. Somehow she just migrated to my residence. It was my sister, what was I suppose to do? Well, I’d finally had enough. She had called DSS and made up a story that I had been beating my two brothers. Which biologically are her kids but her and her husband signed over their rights and my parents adopted them in 2001. I didn’t know what to do to make her leave so I went to the magistrates office and explained the situation. Which is, she’s been there 7 yrs, doesn’t pay rent or any other household bill . I was told that as long as there wasn’t a Landlord / Tenant agreement , written or verbal, that I could get her for trespassing and wouldn’t have to go through the eviction process. So that’s what I did. The next day when she came home I told her through the door that she needed to leave or I would have to call the police. So she called the police. By the way, she works for the town police department. So the county police came and told me that the magistrate had told me wrong and that I had opened myself up to a civil lawsuit. Regardless, they let her drive herself to the jailhouse where she was booked and processed. She signed herself out and then had charges taken out on me. One was a domestic violence protection order she filed on the kids behalf and the 2nd was a simple assault charges on behalf of the oldest child. We had the hearing on the domestic violence protection order and the judge dismissed it since she isn’t legally the children’s mother and had no standing to file a domestic violence protection order on the children’s behalf. The simple assault case isn’t until the end of the month. Now she’s telling me that since I had her arrested for trespassing she going to sue me for 50,000 because I ruined her name and she’s going to make me pay for her lawyer . My question is, can she do that and win? The actions I told were based on what the magistrate told me I had a right to do.What is the name of your state (only U.S. law)?
My sister has lived with me at my residence for 7 yrs. Along with my mom and two adopted brothers. For most of that time I’ve asked her , my sister, to find her own place. She refuses. I never asked her to come there. She came there after the house she was living in was sold by the owner. Somehow she just migrated to my residence. It was my sister, what was I suppose to do? Well, I’d finally had enough. She had called DSS and made up a story that I had been beating my two brothers. Which biologically are her kids but her and her husband signed over their rights and my parents adopted them in 2001. I didn’t know what to do to make her leave so I went to the magistrates office and explained the situation. Which is, she’s been there 7 yrs, doesn’t pay rent or any other household bill . I was told that as long as there wasn’t a Landlord / Tenant agreement , written or verbal, that I could get her for trespassing and wouldn’t have to go through the eviction process. So that’s what I did. The next day when she came home I told her through the door that she needed to leave or I would have to call the police. So she called the police. By the way, she works for the town police department. So the county police came and told me that the magistrate had told me wrong and that I had opened myself up to a civil lawsuit. Regardless, they let her drive herself to the jailhouse where she was booked and processed. She signed herself out and then had charges taken out on me. One was a domestic violence protection order she filed on the kids behalf and the 2nd was a simple assault charges on behalf of the oldest child. We had the hearing on the domestic violence protection order and the judge dismissed it since she isn’t legally the children’s mother and had no standing to file a domestic violence protection order on the children’s behalf. The simple assault case isn’t until the end of the month. Now she’s telling me that since I had her arrested for trespassing she going to sue me for 50,000 because I ruined her name and she’s going to make me pay for her lawyer . My question is, can she do that and win? The actions I told were based on what the magistrate told me I had a right to do.What is the name of your state (only U.S. law)?