Q: What happens when you get an HRO on your neighbor? Do they have to move?
If you get a HRO on someone that lives down the street from you and their house is within the distance they were ordered to stay out of (distance from my home) do they need to move or what happens? The person the HRO is for lives down the street from me, does not own the home or have a rental contract, he is just staying there. I couldn't find any information about this online. Thank you
A: If the respondent to the HRO is within the distance restriction, then they are in violation of the HRO and can be arrested each time they are within the restricted area. It would be in their best interest to move at least until hearing occurs about whether the HRO is going to remain in place and if the distance restriction is going to remain as is.
A: If a HRO prohibits someone that lives down the street, and their house is within the distance they were ordered to stay away, that person could be in technical violation of the HRO. But, it's questionable whether a police officer would arrest someone for being in their own home. And if they did, that person might have a legal defense based on due process, and being in their own home. Lastly, were this fact brought to the attention of a Judge at an HRO hearing or a motion to modify, it seems likely a Judge would adjust or modify the terms of the HRO so that the Respondent could live at their home without problem, and to spare Law Enforcement Officers from enforcement issues.
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