Do I have legal rights to file a restraining order against someone who is harassing a family member staying in property that belongs to me?

My brother is currently staying at a mobile home of mine on property that belongs to me. He is currently going through a separation from wife. Wife filed separation due to financial difficulties. They were married not 2 years. Brother have been at my property for the last 9 months.

Asked on November 12, 2011 under Real Estate Law, South Carolina


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If the person who is harassing a family member and the family member is an adult, you really have not standing to file a restraining order against the offending person unless that person has damaged or may damage your property.

If your brother is being harassed by a third person, your brother should file the request for the restraining order. Good luck to you and your brother.

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