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I want to legally restrain my roommate's boyfriend from coming to our property due to...
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High School Teacher
This could be a good question for the Discussion Boards.
You are in quite a tough situation. The eNotes link below gives more information on grounds for filing for a restraining order. Based on this information I'm not sure, unless there is some apparent abuse taking place, that you could obtain such an order given the circumstances. One key piece that the court will consider when and if you file is your relationship to this person, which is usually some familial ties or a past relationship with a partner. If the abuse is severe it may be sufficient to include your roommate's boyfriend, but it may not.
You do not need an attorney to file a restraining order and if you do go to court and can prove that you might be immediate danger the court may an ex parte restraining order. This is a temporary order that is effective for about 14 days until a hearing can take place.
There is no cost to file a restraining order and a marshal of the court can deliver the order and instructions on your behalf.
You might consider making some type of compromise on house guests or finding a new roommate so this problem does not continue to persist because the circumstances are unique and do not technically, based on the information provided, warrant that you will awarded a restraining order.
Posted by clane on April 13, 2008 at 7:25 AM (Answer #1)
A key issue is whose name is on the lease. If you and your roommate both signed the lease, your roommate has the same rights to use and enjoy the apartment as you do. If you alone signed the lease, and your roommate did not, then your roommate is probably on a month to month tenancy, and you could give her a thirty day written notice to move. Then you could locate a new roommate who might be more compatible. The fact that your roommate’s boyfriend affects your mental health will probably not meet the legal threshold for a restraining order. (It doesn’t sound like there is violence involved, which would be a different situation.) If your roommate signed the lease and you did not, your best option might be to find another place to live.
Because each state has different laws, you should consider contacting an attorney for legal advice for your specific situation. The information that I provided is general in nature and shouldn’t be construed as legal advice. Most bar associations have a referral service where attorneys will provide the first visit free or for a low cost. It your case you could contact the state bar association or your county bar for assistance.
Posted by urzula on August 13, 2008 at 9:53 AM (Answer #2)
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