If I get a stalking protection order will it get someone evicted?

Asked 9 months ago - Hillsboro, OR

My ex mother in law strangled me and the authorities did nothing. So I've been staying at my moms for a few days and she keeps coming by every day. She's been staying at my exes and i's apartment and when he found out I was getting a restraining order against him, he put her on the lease without my permission. I was wondering if a stalking protection order would be grounds for dismissal of her lease?

Attorney answers (3)

  1. Jay Bodzin

    Contributor Level 20

    2

    Lawyers agree

    Answered . No, the stalking order will not automatically cause her to be evicted. However, if it is upheld, then - assuming you continue to live there - she will have to either ask the court to grant some sort of exception allowing her to live there, or she will have to move elsewhere.

    Please read the following notice:

    Jay Bodzin is licensed to practice law in the State of Oregon and... more
  2. Gregory L Abbott

    Contributor Level 15

    2

    Lawyers agree

    Answered . Though they are similar, there are differences between a restraining order and a stalking protection order. Even if she is not banned from your apartment (assuming she has any legal right to be there to begin with - see my response to your same inquiry in the landlord-tenant section), depending upon the exact facts, you may have a right to terminate your lease penalty free and move elsewhere. Consult with a local landlord-tenant attorney to determine your rights and best course of action. Several of us here in Portland also routinely represent tenants in Washington County - give one of us a call or send us an email to make an appointment.

    Nothing contained herein should be considered as legal advice for any specific situation and nothing herein is... more
  3. Orion Jacob Nessly

    Contributor Level 15

    Answered . In addition to what the other attorneys have already mentioned, I'd add one comment. If you have a FAPA (Family Abuse Prevention Act) Restraining Order against your ex, it probably also prevents him making contact through a third party. His mother moving in wouldn't necessarily be a violation. However, if he is using his mother to communicate with you, this may be a violation of the restraining order.

    Also, I'd start with contacting your landlord to see if your ex's mother is actually on the lease. If she's not, she's trespassing and the police may be of some help. If she somehow is on the lease, you should make sure that your landlord sees a copy of the restraining order and knows that you don't want the other party's mother living with you.

    My responses to posts on AVVO are not legal advice, nor do they create an attorney-client relationship. In order... more

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