Q: Can I get a restraining order on my roommate/her family? I am being threatened and have been assaulted by them.
My roommate has been trying to get me to move out for a while now but we are both on the lease and I've done nothing to violate the lease. She gave me a 30 day notice herself and when I told her I'm not going to leave because I don't have to she got upset. Her family has come into the home multiple times to threaten me if I do not leave that they will harm me and my child. I called the police to report it and they said it was freedom of speech. This last time her family came by and again threatened me if I do not leave and then assaulted me in front of my child. I again called the police to make a report and my roommate said I was the one threatening her. When I asked management if me filing a restraining order could get her evicted they said I would be the one to have to move, not her. Is this true?
A: You are asking essentially the same question a second time - and it does not change the answer. No, she cannot evict you; yes, the landlord may be able to with proper notice and proper procedure. As to the restraining order, that is a very fact specific inquiry and process that you need to review privately with an attorney. It depends upon the exact facts; what sort of proof you have to support your version of the story; and how your credibility stacks up compared to that of your roommate's. No attorney can give you this sort of evaluation based upon a few paragraphs posted online.
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