first me, then him

Hi,

This is somewhat complicated. I have a housemate whom I have let stay in my house in NC out of compassion. He still can't find a job and get on his own after 9 months. I know that I can't put him out without eviction papers, even though I own the house and pay all the bills. We have constant disagreements, and have had physical fights. In June, he broke my nose while we were fighting, so I called the police. He was charged, and stayed overnight in jail. He was released, and is still staying in my house. We both ended up in court. The Notice of Cas Disposition-District Courts states that he has Prayer for Judgement with a review date of 11-15-06. It also states that he is not to assault, threaten, or harass the victim (me). In addition, he is to participate in individual counseling focusing on anger control.

Since then, we have had other confrontations, but he has been more restrained and careful. One night about a month ago, he insisted on verbally harassing me, and would not leave me alone to go to bed after repeat requests. This persisted until about 3am. I tried to leave the house a few times, but each time he restrained me, blocking my way in one way or another. Finally I made it into the car, locked the doors, and started it. He stood behind it. Not desiring to injure him, I backed up in very slow, controlled bursts in order to get him to move. Instead of stepping sideways, he jumped on the car. I continued to back up. He wouldn't let go. Still not desiring to injure him, I drove through my front yard, accelerating in an arc in an attempt to throw him off in the soft soil rather than on asphalt. He persisted. Finally his grip came free when I was on asphalt (I suspect, but can't prove that he did it on purpose). He was skinned and bruised slightly, no serious injuries.

The next day, he claims he called his court appointed attorney, and told her what happened. Supposedly she called the cops, and they came to my house. He claims he persuaded them not to come after me. I never heard anything about it, so I suppose it's safe to say no report was filed. Ever since then, when I threaten to evict him, he brings up his injuries, saying he can put me in jail also.

Obviously, I'm in a tough spot here, and I'm at my wit's end. What are my options? Can I be charged for protecting myself when he was forcefully detaining me? I feel that I was only defending myself, but I'm worried he may actually have grounds to bring charges.

Thanks for your help.

He cannot blackmail you--that is strictly illegal. If you have to, file for eviction. We doubt any prosecutor would file against you under these circumstances. You do have a right to defend yourself as well.