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Can I get a retraining order in this case?

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SDHELPLESS

Junior Member
I live in the state of California. My situation is this. My boyfriend has moved in with me. His name is not on the lease and all the utilities are in my name. He refuses to look for a job there for can not pay his part of the bills, and continually abuses me verbally. Then goes about his day like nothing has happened and is all hunky dory. He has threatened me and my family. Has call me every name under the sun and I am fed up with it. I am afraid though that if I ask him to leave and move his things out he will get violent and damage my property or hurt me. So my question is this. Can I get a restraining order against him even though all of his belongings are in my apartment? Help. :confused:What is the name of your state (only U.S. law)?
 


Isis1

Senior Member
You will have to follow state laws for an eviction. You will need to give him two months notice. If he is physically violent, call the police. However , the police can't just remove him from his home, just because you say so.
 

mistoffolees

Senior Member
You will have to follow state laws for an eviction. You will need to give him two months notice. If he is physically violent, call the police. However , the police can't just remove him from his home, just because you say so.
As for the specific question, I didn't see anything that would justify a restraining order. You have to demonstrate that he has harmed you or someone else or that he is an imminent danger. Calling you bad names doesn't count.
 

CdwJava

Senior Member
A restraining order is unlikely. Having him removed without an eviction will be difficult if not impossible, and since you are not the landlord you will have to get the landlord to assist you in this task.

How long as he been living with you?

Has he helped out in any way with household chores or finances? Even with food or the occasional bill?

Do you share a room where all of his belongings are in closets and drawers?

Is this his mailing address?
 

mistoffolees

Senior Member
I saw nothing in the OP's post that indicates that 60 days notice is warranted...

60 days notice is only required for a tenancy greater than a year.
Yes, OP needs to check on the state rules for eviction. In some states, it's a LOT less than 60 days, but depends on the reasons for eviction.
 

CdwJava

Senior Member
There are a number of variables that come into play here. It is remotely possible that the boyfriend might be considered a "guest" as opposed to a resident, but that's unlikely. That is why I asked the questions I did.
 

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