How Is an illegal lock out and a filed order of protection able to stand? This is preventing me from justice and going home. :(

Asked 7 months ago - New York, NY

My ex has been trying to kick me out of his condo he owns. He asked me to live with him then kicked me out 3 days after I let go of my apt in Harlem. He lives in Columbus circle. I've been living here for 6 months. When I when to the hospital he seized my keys from the dog walker. He also had me arrested for intent to sell, but the charges didn't stick. I've lost my job, I'm homeless, and my dog is also in danger. He's changed the locks twice on me while living there. When he attacked me he was put out, my order of protection ended and he submitted one against me. I have recordings of His bulling and temper tantrums when the police explained he had to properly evict me. The next court date is not till April 4th...they can't expect me to wait till then to file the illegal lockout case...

Attorney answers (3)

  1. Howard A. Schwartz

    Contributor Level 19

    1

    Lawyer agrees

    Answered . Your question is not clear. An attorney would need more information to fully discuss the situation. Good luck.

    This answer is only for informational purposes and is not meant as legal advice.
  2. Peter Christopher Lomtevas

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    Answered . It's the new 'normal'. Domestic violence allegations trump ordinary law. Mandatory arrests and exclusions from the home eliminate the need for a holdover proceeding against a paramour. You've been DV'd.

  3. Joshua G. Schiffer

    Pro

    Contributor Level 12

    Answered . Both the above answers are spot on. Firstly your question is not very clear and second, DV cases always result in some sort of arrest.
    You can most likely file some sort of emergency motion/injunction with the courts using the assistance of a local lawyer. That may provide an immediate remedy, but it isn't going to be cheap and they are very often hard orders to get signed. I would more likely advise you to seek alternative solutions now, and go after him later. You need to address your personal safety before you go about righting the wrong.

    Hey Look, A Disclaimer. And it is kind of witty. Kind of. To wit: Information Provided SHOULD NOT be relied... more

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