Can you issue a restraining order / injunction to a landlord?

[laurinikkei]

What is the name of your state (only U.S. law)? fl

Can you issue a restraining order / injunction for a landlord whose home you are staying? There are three landlords and I'm one of them. One of the landlords has assaulted my best friend twice while she is staying over at our home but she has no where to go. Could she issue a injunction on someone who owns the same dwelling she is in? If so does the landlord, my ex-friend have to leave the home?

 

[stealth2]

Mmmm... no. A court wuold have to issue a restraining order.

 

[sandyclaus]

What is the name of your state (only U.S. law)? fl

Can you issue a restraining order / injunction for a landlord whose home you are staying? There are three landlords and I'm one of them. One of the landlords has assaulted my best friend twice while she is staying over at our home but she has no where to go. Could she issue a injunction on someone who owns the same dwelling she is in? If so does the landlord, my ex-friend have to leave the home?

If what you're asking is whether or not a court can issue a restraining order against a person from their own home, the answer is yes. However, since the courts do not like to displace someone from their own home without very good cause, there would need to be a compelling reason to make it so that they actually have to move out of the home. If the protected person is in danger of imminent physical danger of severe injury or death, then it might actually be granted. However, the court will ALSO consider the residency status of the person asking for the restraining order. If this is not their usual residence, and they can actually go somewhere else instead of subjecting themselves to interacting with the restrained person, then the court would not likely be inclined to grant the order. It's a matter of protecting a guest vs. the actual resident who normally lives there.

Unless your friend has been severely injured, and the other LL has been arrested for the assault, it's highly unlikely that a court would entertain a restraining order in favor of your friend.

 

[jiggy78]

What happened when the assault was reported to the police?

 

[OHRoadwarrior]

It sounds like you have an unauthorized tenant and proper steps to remedy the situation need to be taken.