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Restraining order

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H

harikiri

Guest
California. I would like to know if I can get a restraining order for a roommate's significant other who will not stop spending the night over. The roommate doesn't mind him, but I do. The lease stipulates that guests can stay 15 days, which he has repeaditly gone over. However, I also have a significant other living here. Therefore, going to the landlord to get rid of him will result in the roommate telling him about my friend. The real question here is: does the roommate's friend have to threaten/harm me before I can get a restraining order?
 


I AM ALWAYS LIABLE

Senior Member
harikiri said:
California. I would like to know if I can get a restraining order for a roommate's significant other who will not stop spending the night over. The roommate doesn't mind him, but I do. The lease stipulates that guests can stay 15 days, which he has repeaditly gone over. However, I also have a significant other living here. Therefore, going to the landlord to get rid of him will result in the roommate telling him about my friend. The real question here is: does the roommate's friend have to threaten/harm me before I can get a restraining order?
My response:

You can't get a "Restraining Order" in this type of a situation because the roommate's friend "will not stop spending the night over." You are not the only person entitled to the premises - - your roommate has rights, also - - and spending the night, or too many nights, is not a criminal offense; at best, it is a contractual matter, only, and not fodder for a "Restraining Order".

If the roommate's friend threatens, or does, harm you then all you can do is call the police and have him removed.

Consider moving if you don't like the current arrangements.

IAAL
 

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