Does she have the right to arrest him?

[akoswf]

My friend has been kicked out by his mother, he is 18, so I understand that she has that right to kick him out. There is a history of unreported abuse and drug usage by the mother and he still refuses to report it, though the same thing might be happening to his little brother. At the end of the day, I understand that that is his mother and he loves her unconditionally but what are the procedures to getting him help without getting the mother in trouble? He has been basically homeless for the past 3 days and she threatens to get him arrested if he comes back to get anything that belongs to him. She basically kicked him out in the cold with a t-shirt and shorts. Does she have the right to get him arrested for just trying to retrieve his own belongings? He is basically scared to report anything also because of the abuse since childhood that made him think that being abused was normal.

[Samuel]

My friend has been kicked out by his mother, he is 18, so I understand that she has that right to kick him out.

In CA, all else being equal, 18 = adult = end of being responsible for 18 year old.

There is a history of unreported abuse and drug usage by the mother and he still refuses to report it, though the same thing might be happening to his little brother.

Make a call to the department of child/family services (or whatever your equivalent is) and report it.

At the end of the day, I understand that that is his mother and he loves her unconditionally but what are the procedures to getting him help without getting the mother in trouble?

What kind of help are you looking to get him?

He has been basically homeless for the past 3 days and she threatens to get him arrested if he comes back to get anything that belongs to him. She basically kicked him out in the cold with a t-shirt and shorts. Does she have the right to get him arrested for just trying to retrieve his own belongings?

Need more info. He can check with local LE to see if they can escort him to gather belongings and keep the peace. He may or may not be entitled to whatever property he is claiming as "his". LE is also probably much too busy to supervise his moving out - on a call like that, I would only be around for 5-10 minutes tops.

He is basically scared to report anything also because of the abuse since childhood that made him think that being abused was normal.

He probably needs counseling as well...

[Switchback]

Really? You are going to do a poll on your very first post? No intro... nothing! Hmmm... may need to see about getting the code modified. A poll on your first post is downright silly.

[MikeG]

My friend has been kicked out by his mother, he is 18, so I understand that she has that right to kick him out.

Why did he leave? In AZ, it would be a civil eviction process I think if he was over 18. He lives there and she can't just kick him out. She can go to court and have him evicted but that's all civil. Even getting his stuff would be a civil process unless someone got violent. I don't think police are going to arbitrate property ownership issues between two people who live in the same house unless they have the opportunity to take one to jail.

That said, I'd bet there are more issues with the 18 y/o than you are letting on. Moms don't kick their kids out for nothing. He would be entitled to return to his residence in AZ but he is choosing not to for whatever reason. That's a choice he is making, not his mom.

If it is as you say, an adult would return to the house, get a restraining order against the mom and emergency custody of his little brother while the drug and abuse issues are sorted out.

[JoetheGI]

At the age of 18, my kids will see one of two things:

1. A U-haul.
2. A lease awaiting a signature.

[MikeG]

At the age of 18, my kids will see one of two things:

1. A U-haul.
2. A lease awaiting a signature.

You must have sons.

"Dad, I just got a new job that involves dancing and a pole and I can pay your rent."

[TEXASCOP]

In Texas if you want to kick your 18 year old child out against their will, you have to serve him with an eviction. If he willingly left already then he abandoned his residency. If he returned, only to get his personal belongings, I don't see any reason to arrest him (given he wasn't previously issued a criminal trespass notice).