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Can you get a restraining order on someone who lives in the same house?

Los Angeles, CA |

This person is a girlfriend of a roommate who now seems to be living here, but has made false accusations about me. Unfortunately I am unable to leave this living situation anytime soon and i was wondering if getting the restraining order, would protect me from her false claims. Is this even possible?

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Attorney answers 2


It's possible, but restraining orders are to prevent physical contact and violence, not false accusations and claims. This may be a "sticks and stones" thing where you just have to ignore what she says and move out as soon as you can.

Another option is that i her words are defaming you and she says provably false facts about you (not opinions, not speculation) to 3rd parties that cause you damage, you could hire a lawyer to send her a cease and desist letter threatening a defamation suit.

Disclaimer: Please note that this answer does not constitute legal advice, and should not be relied on, since each state has different laws, each situation is fact specific, and it is impossible to evaluate a legal problem without a comprehensive consultation and review of all the facts and documents at issue. This answer does not create an attorney-client relationship.


It is possible to get a restraining order against a housemate. However, if all she does is make false accusations against you, it will probably not be enough to get such an order. There needs to be violence, threats of violence or severe abuse before an order would be issued. If all she does is accuse you ob being a liar, a thief, etc., the court will not restrain her free speech.

The response given is not intended to create, nor does it create an ongoing duty to respond to questions. The response does not form an attorney-client relationship, nor is it intended to be anything other than the educated opinion of the author. It should not be relied upon as legal advice. The response given is based upon the limited facts provided by the person asking the question. To the extent additional or different facts exist, the response might possibly change. Attorney is licensed to practice law only in the State of California. Responses are based solely on California law unless stated otherwise.

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