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-   -   If I get a restraining order against my roommate will she be forced to move out? (https://www.askmehelpdesk.com/showthread.php?t=614414)

  • Nov 23, 2011, 10:51 PM
    Jtbendel
    If I get a restraining order against my roommate will she be forced to move out?
    Me and my roommate just moved into a three bedroom apartment this month. I've been having some issues with the way she talks to me, it's very disrespectful. She calls me the "b" word instead of by my name. She's always barking orders at me. And she likes to start arguments over any and everything. So today I told her she had to cool it with the way she was talking to me and listed the reasons. She went off the deep end. She first threatened me over the phone and said we'd talk again when she got home from work. I called the police and made a report. When she got home she brought her girlfriend with her, came into my room and started yelling at me "what's the problem?" We went over the situation again and got nowhere. I then told her I filed a report on her and also the police said if she hit me or threatened me to call again. She then said that I may as well call them because we were going to get into an altercation. She says "I'm not the arguing type. I don't know where you come from but where I'm from we fight so you need to stop arguing with me or it's going to be a problem." I called the police because I felt she was threatening me, and she was because she admitted that she was threatening to fight/hit me, they filed another report and this time I pressed charges for harassment. The issue now is I don't feel safe around her. I asked her to leave and she won't because she is on the lease same as me. She has somewhere to go but I don't have another place to go and I'm two months pregnant and cannot afford another move. The police said I can get a restraining order against her and our landlord said if we reached some type of agreement he would release her from the lease no problem. Since she doesn't want to leave but is endangering the safety of both me and my baby if I get the restraining order would she be forced to move out?
  • Nov 24, 2011, 06:59 AM
    ScottGem
    Yes, if the restraining order says she must stay away from you, then she can't live in the same apartment.

    If she moves out, you will have to pay her share until you can find a replacement roomie.

    To move out, she will have to arrange to get her things, when you can arrange to have someone with you.
  • Nov 24, 2011, 07:08 AM
    Jtbendel
    Well I have someone looking for a replacement roommate for me so I won't have to cover her share if I can get her evicted or removed for harassment and/or violence. Plus we already found a roommate to replace my third roommate from a previous question. Thank you for your answer.
  • Nov 24, 2011, 09:54 AM
    ballengerb1
    Under these circumstances you should leave. You are very lucky the landlord is will to make any release from the lease, I'd jump at it.
  • Nov 24, 2011, 10:37 AM
    ScottGem
    Again, you will still have to cover her rent until the new roommate starts paying. I seriously doubt if she will continue to pay once served with a restraining order. I'll assume she paid for November. So if you can get someone to move in 12/1 you will be OK, but that's a big IF.

    Quote:

    Originally Posted by Jtbendel View Post
    Plus we already found a roommate to replace my third roommate from a previous question.

    Thought your name sounded familiar. Went back and checked the previous question.

    However, in doing so I noticed two things. First, that you had posted this question in two different forums. Please don't, choose one forum that you think appropriate. We'll move it if it's the wrong forum. So I merged the threads and cleaned up the duplications.

    Second, I also noticed you responded to another thread. However that thread was almost 2 years old. Please check the dates on posts before responding. We prefer that threads that have been inactive for several months not be revived.
  • Nov 24, 2011, 11:45 AM
    ballengerb1
    I seriously doubt that you could get a restraining order that would force her to not reside in a unit where she is paying rent.
  • Nov 24, 2011, 12:55 PM
    Jtbendel
    Well she still owes part of her share for November as well. The funny part is what she had to pay for November is one hundred dollars less than her actual rent and she was still short. Plus since we just moved in there haven't been any utility bills yet. So really she barely paid anything.
  • Nov 24, 2011, 01:02 PM
    Jtbendel
    And the police said absolutely she would have to leave if I could prove she was a danger to me and my baby. Especially since the baby is most vulnerable to stress and toxins during the first trimester. By the rules of the restraining order she would have to go. It's just that as scott said I would have to cover her part of the rent.
  • Nov 24, 2011, 01:06 PM
    Fr_Chuck
    First the police are not lawyers and often tell people what they think they want to hear to calm things down.

    The issue is Proving she is a danger, witnesses not related to situation, letters, videos,
  • Nov 24, 2011, 01:12 PM
    Jtbendel
    I have text messages and two police reports to prove she is a danger to me and my baby. And after I talked to the police I did a lot of research and question asking about this. I can get a protection from harassment order on grounds of adult bullying and domestic abuse because we are house mates.
  • Nov 24, 2011, 07:48 PM
    ScottGem
    You MAY be able to get a restraining order not "can". It will not be easy.
  • Jan 3, 2012, 03:38 PM
    Jesse28
    Hey! Im going through exactly the same thing. My room mate attacked me but left no bruises but I called the cops and had her arrested and I have a police report and text messages. We both share our lease and she said basically the same thing to me about wanting to hit me and not wanting to talk things out. I would greatly appreciate it if you let me know the outcome of you getting the restraining order because I own 75% of everything in the apartment and don't think it would be fair if I was forced to move or if somehow she was allowed to stay.I asked her to leave also and she also has a mother who lives nearby meanwhile there is no one I could move in with asap. I want you to know that there is someone who is dealing with the same thing and you could really help me out if you let me know the outcome of your situation. Im just going to keep a check on this site.

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