If Iget a restraining order on my ex, how long would he have to get out of the apartment?

Get Legal Help Today

Compare Quotes From Top Companies and Save

secured lock Secured with SHA-256 Encryption

If Iget a restraining order on my ex, how long would he have to get out of the apartment?

I have an ex living with me but I wrote up a letter giving him 30 days to vacate after speaking to a lawyer. He did refuse to sign it though and still refuses to leave. We have a child together and so I was trying to avoid getting a restraining order or else he would not be able to see our daughter. However I think that may be my only option. I was just wondering how long after the restraining order would he have to leave the apartment and could I have him held liable for damages he has done to the property to (to avoid my losing my security deposit).

Asked on December 15, 2011 under Real Estate Law, New York

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

The issue is assuming you file a peitition for a restraining order against your "ex", is will the court grant it and if the court grants the retraining order precluding contact by your "ex" as to you, what will the terms be? Meaning, the ultimate decision as to what the terms would be for the restraining order assuming it is granted.

The best way to resolve the terms of the desired restraining order is to get a signed stipulation by your "ex" prepared by your lawyer and submit it to the court for signture. There is the possibility that after the "ex" leaves the unit, you could be held liable for its damages by the landlord. I suggest that you have a walk through agreement signed by the "ex" assuming he moves out setting forth what damages there are to the unit for future need and reference dated and signed by him.


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

secured lock Secured with SHA-256 Encryption