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

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?

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Attorney answers 3

Posted

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: <br> <br> Jay Bodzin is licensed to practice law in the State of Oregon and the Federal District of Oregon, and cannot give advice about the laws of other jurisdictions. All comments on this site are intended for informational purposes only, and do not constitute legal advice or create an attorney-client relationship. No posts or comments on this site are in any way confidential. Each case is unique. You are advised to have counsel at all stages of any legal proceeding, and to speak with your own lawyer in private to get advice about your specific situation. <br> <br> Jay Bodzin<br> Bodzin Donnelly Mockrin & Slavin, LLP<br> 2029 SE Jefferson Street, Suite 101, Milwaukie, OR 97222<br> <br> Telephone: 503-227-0965<br> Facsimile: 503-345-0926<br> Email: jay@bodzindonnelly.com<br> Online: www.bodzindonnelly.com

Posted

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 intended to create a lawyer-client relationship. Every case is very "fact-specific" and persons wishing legal advice on a specific matter should contact me or another attorney for an appointment to review their particular circumstances and to create a lawyer-client relationship. Gregory L. Abbott, Attorney at Law, 6635 North Baltimore, Suite 254, Portland, Oregon 97203. Tel: 503-283-4568; Fax: 503-283-4586; Email: gregabbott@comcast.net. Specializing in Consumer and Small Business Law.

Posted

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 to provide true (and reliable) legal advice, an attorney must be able to ask questions of the person seeking legal advice and to thus gather the appropriate information. In order for an attorney-client relationship to exist, you and I both have to agree the the terms of such an agreement.

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