Can your roommate get a restraining order against your boyfriend? 9 Answers as of May 29, 2013

My roommate wants me to sign to end our lease early, but I don't want to. So today she said she was filing a restraining order against my boyfriend because she doesn't want him to be allowed into the apartment. He has been nothing but nice to her and there is no proof of harassment or danger against her. Will she be able to get a restraining order?

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Nelson & Lawless
Nelson & Lawless | Terry Nelson
Of course, with proper grounds of harassment or threat.
Answer Applies to: California
Replied: 7/5/2012
Law Office of Anthony Sessa
Law Office of Anthony Sessa | Anthony Sessa
No.
Answer Applies to: California
Replied: 5/29/2013
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
The code provides for the award of attorney fees. Boyfriend should hire attorney and fight the request.
Answer Applies to: California
Replied: 7/3/2012
Universal Law Group, Inc. | Francis John Cowhig
Probably not. She is going to have to prove to a judge that your boyfriend has in some way harassed, intimidated or acted in a way to be threat to her. He will need to be served with a copy of the petition for the restraining order which will contain the grounds for the order and a hearing date. When the petition is received, I strongly suggest that you contact an experienced attorney for a face-to-face consultation and give him/her all of the facts surrounding your case. He/she would then be in a better position to analyze you case and advise you of your options. You can accompany him to court and be a witness to what you indicated in your question.
Answer Applies to: California
Replied: 7/3/2012
The Chastaine Law Office
The Chastaine Law Office | Michael Chastaine
Legally she should not be able to if he has not done anything to threaten her or put her in any danger. Restraining orders are to prevent harm, not just enforce a dispute between roommates.
Answer Applies to: California
Replied: 7/3/2012
    Thomas C. Brandstrader Attorney At Law | Thomas C. Brandstrader
    I doubt any judge would sign such an order, but as cotenant to the apartment she does have the authority to keep someone out easiest thing to do is get a new roommate.
    Answer Applies to: Illinois
    Replied: 7/3/2012
    Steven Alpers | Steven Alpers
    If things are as you say, then no. She would have to lie to the court to get a restraining order. He can go and testify and you too. It depends on who the judge believes whether she gets a restraining order.
    Answer Applies to: California
    Replied: 7/3/2012
    Dennis Roberts, a P.C.
    Dennis Roberts, a P.C. | Dennis Roberts
    Not if she cannot prove he has created some sort of problem but why do you want to live with this bitch, anyhow. Find another place where your boyfriend will be welcome.
    Answer Applies to: California
    Replied: 7/2/2012
    Todd Landgren, Professional Law Corp.
    Todd Landgren, Professional Law Corp. | Todd Landgren
    Anybody can file for a restraining order, that doesn't mean it will be granted. BUT, be prepared if she files. Don't take it lightly!
    Answer Applies to: California
    Replied: 7/2/2012
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