Lease was broken due to order of protection. Can my ex fiance sue me?

[Zanny]

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

I was engaged with my fiance for four years. It was an abusive relationship. We signed a lease together. He was the primary person, and I was the secondary person who signed. In the beginning of the relationship I noticed he was a very short tempered person. He would lie about drinking and smoking. He would often drive with his breath reeking of alcohol. I still loved him and thought he would change. Things escalated to the point where he was cutting himself if I left. He threatened to kill himself with a gun (yes he owned one).

I had to get an order of protection after the cutting incident. I spoke to my landlord about my situation. I told the landlord about broken furniture, and how I needed to lock myself in the bathroom. He would often kick the door repeatably and left numerous large holes in the door. I was completely released from the lease contract (have written documentation to prove it).

My ex recently requested a hearing to appeal the order of protection. I was notified on October 3rd via mail. The notification was post marked October 2nd. Hearing court date was scheduled on October 4th. In other words I only had less than 24 hours to call work and make arrangements. It was too late to postpone the hearing since I needed 3 day notice. I could not call of work in such short notice since I just started a new job. I did not want to risk termination. This relationship has left me financially unstable since I let him keep everything.

On the date of the hearing, I wrote a letter to the judge explaining my situation. My mother was escorted by a police officer and delivered the letter to the judge. The order of protection was dismissed because I did not attend the hearing. However, the judge did highlight that I did have a notice for my absence.

I am still worried for my safety. I am not sure what to do. Not sure if I can request a new order of protection. I'm scared of making any decision.

Since the order of protection was dismissed, can my ex sue me for breaking the lease? or sue me for rent money?

 

[sandyclaus]

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

I was engaged with my fiance for four years. It was an abusive relationship. We signed a lease together. He was the primary person, and I was the secondary person who signed. In the beginning of the relationship I noticed he was a very short tempered person. He would lie about drinking and smoking. He would often drive with his breath reeking of alcohol. I still loved him and thought he would change. Things escalated to the point where he was cutting himself if I left. He threatened to kill himself with a gun (yes he owned one).

I had to get an order of protection after the cutting incident. I spoke to my landlord about my situation. I told the landlord about broken furniture, and how I needed to lock myself in the bathroom. He would often kick the door repeatably and left numerous large holes in the door. I was completely released from the lease contract (have written documentation to prove it).

My ex recently requested a hearing to appeal the order of protection. I was notified on October 3rd via mail. The notification was post marked October 2nd. Hearing court date was scheduled on October 4th. In other words I only had less than 24 hours to call work and make arrangements. It was too late to postpone the hearing since I needed 3 day notice. I could not call of work in such short notice since I just started a new job. I did not want to risk termination. This relationship has left me financially unstable since I let him keep everything.

On the date of the hearing, I wrote a letter to the judge explaining my situation. My mother was escorted by a police officer and delivered the letter to the judge. The order of protection was dismissed because I did not attend the hearing. However, the judge did highlight that I did have a notice for my absence.

I am still worried for my safety. I am not sure what to do. Not sure if I can request a new order of protection. I'm scared of making any decision.

Since the order of protection was dismissed, can my ex sue me for breaking the lease? or sue me for rent money?

You may have given notice, but that doesn't excuse your failure to appear. You understood the need to have the order of protection, but you apparently didn't give it the same weight when it came to actually defend that. Clearly, taking some time off work to attend the hearing should have taken precedence - especially since you are still claiming to be living in fear of your safety and looking to get a new order of protection to replace the one that was dismissed.

Yes - because the order of protection was dismissed, your ex could potentially sue you for any damages they covered which resulted from the lease break.

 

[single317dad]

I can't find a relevant Arizona RCP, but that amount of time does not seem reasonable to respond to a summons. To assume that mail would be delivered in one business day and the party to appear the next is cutting it about as close as possible.

Regarding liability on the apartment, your obligation per the lease was to the landlord, not the ex. The landlord has apparently released you from that obligation. Any obligation you had to the ex would stem from written or oral agreements between you. It would be a pretty complicated case to prosecute and to defend. Ex will claim that the landlord had no right to modify that agreement without consent of all parties. Landlord might be out 1/2 the rent in the end, or the court could decide that both parties are wholly and separately responsible for the rent, and the landlord may choose to pursue collection only against the ex.