Can I Have Someone Removed from My Property if I’m Subject to a Restraining Order?

Question from Valk, Can I Have Someone Removed from My Property if I’m Subject to a Restraining Order?

Answer from AI:

In general, if you are the sole owner of a property and someone is staying there without your permission, you may have the right to have them removed. However, the situation becomes more complex when a restraining order is involved.

Understanding Restraining Orders

A restraining order, also known as a protective order, is a court order that restricts an individual from certain actions, often including contacting or being near a specific person. If your girlfriend has obtained a restraining order against you, it may prevent you from returning to your own home if she is currently residing there.

Dealing with Trespassers

In general, trespassing refers to entering or remaining on a property without the owner’s consent. If your girlfriend’s mother is staying in your condo without your permission, she may be considered a trespasser. However, if your girlfriend, who is legally residing there due to the restraining order, has invited her mother to stay, the situation becomes more complicated.

Legal Steps to Consider

Here are some general steps you might consider:

1. Consult with a lawyer: This situation is complex and involves overlapping areas of law. A lawyer can provide advice tailored to your specific circumstances.
2. Review the restraining order: The terms of the restraining order may affect your rights. For example, if the order grants your girlfriend temporary possession of the condo, her guests may be allowed to stay.
3. Consider eviction proceedings: If the mother is considered a tenant, you may need to follow formal eviction procedures. This typically involves giving notice and going to court.

Legal Assistance

It’s important to remember that this information is general in nature and may not apply to your specific situation. Laws vary by state and individual circumstances can greatly affect the outcome. Therefore, it’s recommended that you consult with a legal professional for personalized advice.

For more information on restraining orders and property rights, you can visit the U.S. Government’s page on restraining orders and the Legal Information Institute’s page on real property law.

Remember, violating a restraining order can have serious legal consequences. Always consult with a legal professional before taking any action that could potentially violate the terms of a restraining order.