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pamb93 · Apr 7, 2012, 11:00 PM

I have a restraining order against my roommate. He has been told he can not live at our house because of this. I found out that he went to the post office and put a hold on the mail so that I am not getting any of my mail. Is this a violation of the restraining order? What can I do to start getting my mail again?

tickle · Apr 8, 2012, 02:40 AM

I would have to wonder how he put a hold on your mail without ID. Go to the post office and give them your ID to prove who you are and explain what has happened. It coukd be he has committed fraud for mail tampering, and that is a federal office, plus jail time.

ScottGem · Apr 8, 2012, 07:30 AM

It is unlikely that this violates the restraining order. Its probable that he just showed his ID which included the address and told them to put a hold on mail to that address. So you need to go to the PO and explain that you were roommates and only to hold mail addressed to him, not all mail.

Unless he took mail addressed to you and opened or disposed of it, I don't see where there is mail tampering.

Fr_Chuck · Apr 8, 2012, 09:02 AM

This is not a violation of the restraining order but could be a criminal violation of postal law.
You should go in with a copy of the restraining order and talk to the post master.

He can change his mail, but can not legally change your mail.

ScottGem · Apr 8, 2012, 12:14 PM

You left out one important piece of info here. According to your other note HE OWNS the house (https://www.askmehelpdesk.com/real-e...ut-646084.html).

So if he simply told the post office to put a hold on all mail to that address I very highly doubt that he would be charged with any postal crime.

Can I assume that you are looking for a new place to live? Because you WILL have to move at some point in the near future. He owns the house. The judge may have ordered that he move out because that would have made you twice a victim. First of violence and then being forced to move without preparation. But he is right, he owns the house and he will be allowed to move back in once you are gone. I can see the courts giving you time to find a place and move, but I can't see them allowing you to keep him out of his home for an extended period.

AK lawyer · Apr 8, 2012, 12:51 PM

Originally Posted by ScottGem

...
Can I assume that you are looking for a new place to live? Because you WILL have to move at some point in the near future. He owns the house. The judge may have ordered that he move out because that would have made you twice a victim. First of violence and then being forced to move without preparation. But he is right, he owns the house and he will be allowed to move back in once you are gone. I can see the courts giving you time to find a place and move, but I can't see them allowing you to keep him out of his home for an extended period of time.

A possible interesting situation here. If the restraining order prohibits him from contacting her, he may not be capable of figuring out how to give her a notice to quit. Or he may just not know how to evict her.

But eventually he will figure it out (Going back to the court which issued the restraining order would be the easiest.)

ScottGem · Apr 8, 2012, 01:18 PM

Originally Posted by AK lawyer

A possible interesting situation here. If the restraining order prohibits him from contacting her, he may not be capable of figuring out how to give her a notice to quit. Or he may just not know how to evict her.

But eventually he will figure it out (Going back to the court which issued the restraining order would be the easiest.)

Check the other thread. According to the other thread, the boyfriend/roommate has obtained an attorney. And the attorney sent her a vacate notice. But she claims she has an agreement to stay until 2/2013 regardless of whether they are still dating.

I don't think that agreement would hold up in the circumstances. I doubt if a court would allow her to live (rent free?) in his home beyond a reasonable amount of time to find new lodgings.

AK lawyer · Apr 8, 2012, 01:36 PM

Originally Posted by ScottGem

Check the other thread. According to the other thread, the boyfriend/roommate has obtained an attorney. And the attorney sent her a vacate notice. But she claims she has an agreement to stay until 2/2013 regardless of whether they are still dating.

I don't think that agreement would hold up in the circumstances. I doubt if a court would allow her to live (rent free?) in his home beyond a reasonable amount of time to find new lodgings.

I agree. And as I said in that other thread, I simply don't believe that this so-called agreement is genuine.