If I have been served with a restraining order from my house guest who refuses to leave and is making matters worse for me?

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If I have been served with a restraining order from my house guest who refuses to leave and is making matters worse for me?

I want to proceed with an eviction but not sure if I can since she has restrained me from my own apartment. My boyfriend has access, she nor I have access to enter because we don’t have keys. But was told by police she can break downt the doors and enter rightfully and I would be responsible for any damages that she causes. I have until Thursday to find a lawyer and go back to court. What can I do?

Asked on October 16, 2012 under Real Estate Law, New York

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

You don't have to go near the property in order to go forward with an eviction.  So step one is to go forward with the eviction, have the intruder served by a third party, and get that going.

Step two is to make sure that you show up at the hearing for the restraining order and let the court know that you are being deprived of your own property and ask that if a restriction is imposed that the restriction be specific to the guest's "body", not the residence so that you can reclaim the unit through the eviction process.


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