[1clockwork]

How do I evict a partner after being served with a protection order,note we are -"married."

[s_cianci]

Why do you put "married" in quotes? Are you in an area that recognizes common-law marriages and do you qualify? Either way, if a protection order has been issued against your spouse/partner, then that would include him/her vacating your residence. Was the judge who issued the order aware that you were domiciled together? If (s)he refuses to leave then you'll have to return to court and ask the judge to enforce the order, including him/her moving out along with all of its other provisions.

[Fr_Chuck]

Well once there is a order of protection one person can not come back into the home if the other is there, So if you are still living in YOUR home, they can't come in.

But

Who owns the house, if both names on deed, you can't evict

Do you rent, if so who is listed on the lease, if both you still can't evict

[1clockwork]

Why do you put "married" in quotes? Are you in an area that recognizes common-law marriages and do you qualify? Either way, if a protection order has been issued against your spouse/partner, then that would include him/her vacating your residence. Was the judge who issued the order aware that you were domiciled together? If (s)he refuses to leave then you'll have to return to court and ask the judge to enforce the order, including him/her moving out along with all of its other provisions.

There was an error in my question. I am not married to the female and the property is in my name. She does not pay rent or utililies. She has placed a protecttion order against and has file charges of assault as well. How do I retain the property while avoiding violations. The bills are in my name as well.

[1clockwork]

Well once there is a order of protection one person can not come back into the home if the other is there, So if you are still living in YOUR home, they can't come in.

But

who owns the house, if both names on deed, you can't evict

do you rent, if so who is listed on the lease, if both you still can't evict

I own the property , the property is only in my name, and all utilities are in my name. I purchased the property more than 6 years prior to meeting her and have only know her for two years.

[N0help4u]

You just do not allow her back in the house.
Its your house and she got the PFA against you so she has no more saying in being in the house. Have the papers handy so that if she does cause trouble and involve the police you can say here's my evidence and SHE CAME knocking on my door.

Protection from abuse means she can not contact you either or what's the sense in having an abuse order.

If you have stuff of hers in the house you can suggest a friend pick it up or she bring the police to collect her stuff.
You have no further reason to be bothered with her or her with you.

[ScottGem]

The problem with NoHelp's advice is that, as I understand it, she is now in the house and you are barred from approaching her. So you have two choices, you can retain an attorney to fight the PFA and file your own restraining order against her or you can get an attorney and start the eviction process.

[N0help4u]

So even though his name is the one on the lease and she has a PFA he has to go through eviction?

He may have to cover a lot of bases then

[1clockwork]

The problem with NoHelp's advice is that, as I understand it, she is now in the house and you are barred from approaching her. So you have two choices, you can retain an attorney to fight the PFA and file your own restraining order against her or you can get an attorney and start the eviction process.

If I file a restrianing order against her will she be evicted from the property?

[N0help4u]

So you don't have an order yet?
And you are both still living there?
With a restraining order she would not be allowed back on the property and you can file for the eviction.

[1clockwork]

if i file a restrianing order against her will she be evicted from the property?

Also can I cut off the utilities having a protection order against me with out violating it

[N0help4u]

If you are having her evicted why do you need to cut of the utilities?

I am confused
You don't have a restraining order yet?

Are you and her both living there or just her?

[N0help4u]

Oh
She has a restraining order on you and she is living in your house.
You need to do an eviction order
What state do you live in?

[ScottGem]

I'm curious about what happened at the hearing where the order was issued. Did you explain to the judge that she is living in your house and that the order prevents you from entering your property?

But the choices I outlined remain the same. You have to get her out of the house. So you have to get an order against her and have the judge who issues it order that she vacate. Or you have to go through the eviction process. And no, you cannot shut off the utilities.

Have you consulted an attorney yet?

[twinkiedooter]

I know that here in Ohio a man met a woman and she moved in with him. They didn't get married. He owned the home. She contributed nothing. He left as she was impossible to get along with. She got a Protective Order against him. He could not go back to his own home and had to live elsewhere. Bottom line. He sued her to vacate the house. She countersued. The case went to trial (yes, trial). She drug her feet for 2 years while living in his home rent free until the Judge ruled against her at a Judge trial. It took this poor man 2 years and a huge attorney bill to get rid of her and to make matters worse, this woman acted as her own attorney to boot having little or no legal experience! In the end the man did get his home back.

Don't know what to tell you to do except maybe hire an attorney and go back before the Judge who originally issued the Protective Order and see if he can't get her to leave the premises.