If a married couple are both on the lease will the wife have to move out if the husband gets a restraining order?

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If a married couple are both on the lease will the wife have to move out if the husband gets a restraining order?

Can she counteract by putting a restraining order on her husband. They both live in the same house and the husband is trying to get a restraining order against the wife and the wife is trying to get a restraining order on the husband at the same time.

Asked on April 23, 2012 under Family Law, Oregon

Answers:

FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

The answer with respect to your question pertaining to the request for possible mutual restraining orders between respective spouses and who will end up having to move out possibly is an issue to be determined by the judge hearing the case taking into account the nuances and facts of the dispute and whether there are children living in the rental.

In answer to your question, the wife can also seek a restraining order against her spouse. If you are involved in this situation, I recommend that you consult with a family law attorney to further assist you in the matter.

Ultimately the answer to your question will lie upon the decision of the judge hearing the dispute you have written about.


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