Miscellaneous

Where can I get a restraining order against my roommate?

Where can I get a restraining order against my roommate?

Courts issue temporary and permanent restraining orders daily. Law enforcement agencies apply for emergency protective orders 24 hours a day. Go to the nearest superior court in your county during regular business hours.

Can a person file a restraining order against someone else?

Restraining orders can be filed against anyone, including significant others, exes, family members, and even complete strangers. If someone has a restraining order out against them and they break the terms of the order, they will face criminal penalties. Terms of a restraining order may include:

What do you call someone who has a restraining order?

A restraining order (also called a “protective order”) is a court order that can protect someone from being physically or sexually abused, threatened, stalked, or harassed. The person getting the restraining order is called the “protected person.”

What is the distance of a restraining order?

These are orders to keep the restrained person a certain distance away (like 50 or 100 yards) from: The protected person or persons; Where the protected person lives; His or her place of work;

How to file a restraining order against your roommate?

Ask a lawyer – it’s free! It depends on what your lease states. If your roommate is also on the lease, he may have a legal argument to ask the court to modify the typical limitations in a protective order to allow you both to occupy the same residence.

Can a victim of domestic abuse file a restraining order?

A victim of domestic abuse files an application for a domestic violence restraining order against a spouse, family member or ex-lover. A victim of civil harassment seeks a protective order against a stranger, roommate, friend or neighbor.

Can a landlord give a roommate a protective order?

If your roommate is also on the lease, he may have a legal argument to ask the court to modify the typical limitations in a protective order to allow you both to occupy the same residence.

When to ask for a civil harassment restraining order?

Civil Harassment Restraining Order You can ask for a civil harassment restraining order if you are being harassed, stalked, abused, or threatened by someone you are not as close to as is required under domestic violence cases, like a roommate, a neighbor, or more distant family members like cousins, aunts or uncles, or nieces or nephews.

If your roommate is also on the lease, he may have a legal argument to ask the court to modify the typical limitations in a protective order to allow you both to occupy the same residence.

A victim of domestic abuse files an application for a domestic violence restraining order against a spouse, family member or ex-lover. A victim of civil harassment seeks a protective order against a stranger, roommate, friend or neighbor.

What happens when you get a restraining order on someone?

Although most people who seek a restraining order want to protect themselves, some of them play victim when there was no crime. For example, a person may want their roommate kicked out of their apartment out of spite, but they might not want to go through the lengthy eviction process.

How do you respond to a restraining order?

Responding to the Restraining Order STEP 1. Fill Out Your Response and Prepare to File STEP 2. File and Serve Your Response STEP 3. Get Ready and Go to Your Court Hearing Get Ready for Your Hearing Your court hearing The judge’s decision STEP 4. After the Court Hearing

Is there any way to remove a restraining order?

So, if you have a final restraining order issued against you, there are essentially three ways to have it removed. The first way is to appeal the issuance of the order by the judge, but you only have 45 days to do that from the issuance of the order. If that time has expired, then this is no longer an option for you.

Is it legal for one roommate to evict another roommate?

Normally, a landlord holds the primary responsibility for dealing with tenant evictions, but there are some situations where one roommate might be able to legally file to evict another. Of course, you’ll need standing, a legally valid reason, and you’ll have to involve the court system.

How can you remove a restraining order?

A permanent restraining order can be removed by the protected person by filing a new petition with the court. However, removing a restraining order does not come without consequence: Judges are very leery of lifting restraining orders in order to guard the best interests of the protected party.

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