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No-contact order violation?

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indigoiis

Guest
What is the name of your state? RI

There is a no-contact order out on one of my tenants from the other tenant, who was the victim of a simple assault. The two tenants share a kitchen and bath. The judge allowed the perpetrator tenant to stay in the house, with the condition that he not contact the other, because of the fact that he travels and was expected to not be around (unfortunately, he HAS been around, however has stayed on his side of the house as much as possible.) I am in the process (as homeowner) of evicting this tenant with the no-contact order.

My question is - if the perpetrator-tenant left a note for the victim- tenant, (an unsigned, undated computer-written request to return/replace items used,) is that considered a violation of the no-contact order? I would like this man out of the house, and would prefer utilizing this situation to the benefit of all of the tenants rather than wait for him to be forced out through the eviction (which process takes 30+ days.)

So if the note to the victim-tenant is considered a violation of the no-contact order, may I as homeowner request the courts review the no-contact order and ask that he be removed?
 


sounds like

the perpetrator tenant is getting screwed by the victim-ternant and the landlord all at once. Stay out of it. Do your eviction thing legally, and get it over with. You said yourself it was a "simple assault". Doesn't sound like he's all that vicious, and it DOES look like you are ganging up on him.
 
M

manda2020

Guest
I don't see how you could that if he was allowed to stay in the house. Did the letter have the victims name directly on it or place where they could see? How do you know it was not the victim who typed it, to make it look like the perpetrator did it? Or someone else in the household. I don't think the court is going to go as far as fingerprinting the paper or taking a computer to scan the memory chip to see who wrote it.
 
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indigoiis

Guest
Thanks for your points. He tacked it up on the other tenants' bedroom door, and put a copy underneath my (the landlord's) door.

There isn't proof the other tenant didn't type it up to make it look as if the other guy wrote it.

This whole situation has made the household living unbearable (I also live in the home and have a ten-year old.) We aren't ganging up on the guy - HE caused this - brought it on himself. I just wish there was a speedier way to get him out outside of the eviction. And I'm wondering why the heck the judge let him stay in the first place.
 
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manda2020

Guest
More then likely the judge let him stay cause it was simple assault, not something more. Like battery.

WHAT IS THE DIFFERENCE BETWEEN ASSAULT AND BATTERY?
If the victim has been actually touched by the person committing the crime, then battery has occurred. If the victim has not actually been touched, but only threatened, then the crime is considered to be assault.

http://criminal-law.freeadvice.com/violent_crimes/assault_battery.htm
 
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indigoiis

Guest
Interesting. Because he did touch the guy - shoved him into a doorway and punched him. But the charge is only simple assault?

Went to court to see what happened today, and he plead not-guilty - it will go to trial late June. Since this is a separate issue from the eviction, I won't be involved. I was hoping the judge would make him leave via this charge, but apparently not! Thanks for all of your advices.
 

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