What to do if my brother has a full stay away order of protection but his ex-girlfriend is in his home that he owns?

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What to do if my brother has a full stay away order of protection but his ex-girlfriend is in his home that he owns?

They do have a child. However the child is not mentioned in the order. She is now living rent free in his home and it will be difficult for him to have the resources to pay for another place and still maintain his house. What can he do?

Asked on August 15, 2012 under Criminal Law, New York

Answers:

Kevin Bessant / Law Office of Kevin Bessant & Associates

Answered 8 years ago | Contributor

His only option at this point is to go to court and seek a legal eviction of her from the residence. He can not do this on his own because he will have violated the no contact order. By filing a legal eviction notice, the court can legally evict her and even have a bailiff remove her, assuming that their is some form of a rental agreement between the two.


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