Can I evict mygirlfriend even if she has a restraining order against me?

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Can I evict mygirlfriend even if she has a restraining order against me?

It’s my name on the lease and she stil legally married to her first husband.

Asked on January 17, 2012 under Criminal Law, Texas

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

If you are leasing a unit to your girlfriend and you want her evicted from the rental, assuming there are contractual and legal grounds to evict her, you can do so even though there is a restraining order against you in her favor in place. However, you should not do the eviction. Rather, you should retain a landlord tenant attorney to initiate the eviction process against your girlfriend. Be sure to advise in writing the attorney you retain about the restraining order against you.

You need to be aware that the court may deem the eviction proceeding against you girlfriend as retaliatory by you as a result of the restraining order and may not grant the eviction on such a ground.


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