[psanta]

How do I evict a boyfriend and get a restraining order at the same time

[DisabledinMD]

You are going to need to go to your local court for both. Ask the court clerk what paperwork you need to file. You are also going to need reasons for doing both (Like police reports filed againast him?). Somebody else with some experience in this area might have more suggestions. You might get some help from the stickied threads at the top on this and other law forums, plus searching threads similar to yours.

[Enigma1999]

Hello P,

Check your local and state tenant laws before proceeding. Every state and/or jurisdiction has a set of laws that pertain to the rights of tenants. You need to know what they are, to avoid the risk of a lawsuit for unlawfully forcing your boyfriend to evacuate your apartment or house.

Also see if you can get help from your landlord. If your boyfriends name is also on your apartment lease, he technically has equal standing with you, and only the landlord has the actual authority to evict a tenant. Communicating with your landlord will also be beneficial. If, however, you can persuade your landlord that your boyfriend refuses to pay his part of the rent presents a danger to you or has violated the terms of the lease agreement, the landlord may consider removing your roommate's name from the lease and evicting him.

Go to court and get an order of protection against your roommate if he has attacked you physically or threatened your life. Once a restraining order has been issued against your boyfriend , he must stay a designated distance away from you, and can be forced to keep away from your apartment or house. This is just a short fix, though, and only enforceable for a matter of weeks. If you still feel that you are in danger, once that time passes, you will need to go back to court to find out if you can get another order of protection against him.


There are certain steps that you will need to take while doing this. Every state is different. You should speak to your landlord first. I wish you luck..

[JudyKayTee]

What State?

These are two different actions although in some States if you get an Protective Order it's an automatic eviction.

In other States you get the Order and then evict.

It's important to know where you are.