Can I get a restraining order against someone who lives with me? 3 Answers as of June 16, 2011

Can I get a restraining order against someone who lives in my house? What will happen?

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Edward  D. Dowling IV Attorney at Law
Edward D. Dowling IV Attorney at Law | Edward D. Dowling IV
You can make a request for an Order of Protection or other restraining order and it is up to the court to decide whether to grant it or not. You should hire an attorney.
Answer Applies to: New York
Replied: 6/16/2011
Law Offices of John Carney
Law Offices of John Carney | John Carney
You can have someone arrested if they have committed a crime. The judge may issue an Order of Protection if requested by the DA or on it's own accord. You can appear and request an Order of Protection, which could either mean that they would have to move out and refrain from any contact, or just refrain from offensive conduct. The latter type of OP allows the person to reside with you but restrains any offensive behavior.
Answer Applies to: New York
Replied: 6/15/2011
Law Office of Jared Altman
Law Office of Jared Altman | Jared Altman
Yes. You can. If this person commits a criminal offense against you, such as hitting, choking, throwing something at you, prevents you from calling 911 or the police, then you can try to file charges and if you are in fear for your safety, then a temporary order of protection will probably be issued by a judge. They are issued between married persons living together. So, of course they will issue against unmarried persons living together. Please note the following necessary legal disclaimer: I have not given legal advice. I only give advice to my clients. I am not acting as your attorney. I have not yet agreed to represent you. Anything I have said is based on limited information and may be subject to change as more facts become known. Attorneys express opinions. Attorneys often disagree. If you want further information or independent verification of anything I have said then you should immediately consult another attorney. Never sit on your rights!tate.
Answer Applies to: New York
Replied: 6/15/2011
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