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In short, my dad is on the lease, but all the bills are in my name. I should've put my name on the lease but wasn't there to sign it, so the landlord just left me off. I didn't think anything of it til now. My dad got very violent to me, my kids, and my husband. I filed a restraining order against him. I'm getting different answers to this, but can this restraining order force him to move out even though he's on the lease? He won't move out because he says he's on the lease, despite the restraining order. ???
Does the restraining order state that he must stay a certain number of yards away from you or your husband and children? For example, 400 yards? And does it specify he must stay that many yards away from your residence or place of business? What exactly does your restraining order say?
I still have to meet with the judge on Monday. The order says he must stay away 100 yards from me and my family, and our residence and work. There is also a move out order. He also has to sell his gun, and have no contact with us. But I'm getting different responses on whether it is enforceable or not. Just because he's on the lease doesn't give him any right to be violent! Bills are in my husband and my name, we pay rent...we are established here. So can my father still stay here?
If he's named in the restraining order and he has to stay 100 yards from your residence then he has to move out. If he does not move out within a reasonable period of time, say 24 hours, you should call the police and have him physically removed from the property.
I would think it also depends on who else is on the lease. If just your father is, then my guess is you and your family might have to move, since he is the only legal resident. If your father and your husbands name is on the lease then that might be tricky. Contact a lawyer is your best bet.
In short, my dad is on the lease, but all the bills are in my name. I should've put my name on the lease but wasn't there to sign it, so the landlord just left me off. I didn't think anything of it til now. My dad got very violent to me, my kids, and my husband. I filed a restraining order against him. I'm getting different answers to this, but can this restraining order force him to move out even though he's on the lease? He won't move out because he says he's on the lease, despite the restraining order. ???
You now wish you hadn`t call the cops and get the system involved. When you bring the judicial system into your own family you`ll never get out. The US judicial system is a money making operation with a lot of ppl being employed. Those ppl try to hold on to their government jobs by kepping ppl like you and yopur father in the system...It is sad that you are in this situation but I feel that you`re not telling the whole story. Don`t forget that your father was qualified to get that apartment not you, and if he will be forced by the system to get out you`ll have to qualify for that apt or get out yourself. You weren`t around to sign the leas huh?...how about your husband?...he wasn`t around either?...your story has a lot of holes in it and I feel your`re not telling the truth. The sad part is that in US whoever calls the cops first is usually presumed to be right...Good Luck anyway...BTW if your father was a gun owner he couldn`t have had a gun unless he had no prior criminal history until you started to create one for him now....remember at this point everything you say are allegations...unfortunatelly allegations are enough reasons to ask for a restraining order....Just un imperfect system where human lives are being destroyed by a corrupt system....Lets not forget ppl US has the larger number of ppl in prison per capita in the whole entire world....something to think about!
You now wish you hadn`t call the cops and get the system involved. When you bring the judicial system into your own family you`ll never get out. The US judicial system is a money making operation with a lot of ppl being employed. Those ppl try to hold on to their government jobs by kepping ppl like you and yopur father in the system...It is sad that you are in this situation but I feel that you`re not telling the whole story. Don`t forget that your father was qualified to get that apartment not you, and if he will be forced by the system to get out you`ll have to qualify for that apt or get out yourself. You weren`t around to sign the leas huh?...how about your husband?...he wasn`t around either?...your story has a lot of holes in it and I feel your`re not telling the truth. The sad part is that in US whoever calls the cops first is usually presumed to be right...Good Luck anyway...BTW if your father was a gun owner he couldn`t have had a gun unless he had no prior criminal history until you started to create one for him now....remember at this point everything you say are allegations...unfortunatelly allegations are enough reasons to ask for a restraining order....Just un imperfect system where human lives are being destroyed by a corrupt system....Lets not forget ppl US has the larger number of ppl in prison per capita in the whole entire world....something to think about!
Wow! That's sum guud lawyerin' right there, folks!
I would think it also depends on who else is on the lease. If just your father is, then my guess is you and your family might have to move, since he is the only legal resident. If your father and your husbands name is on the lease then that might be tricky. Contact a lawyer is your best bet.
you`re right....if the system will force her father out, she, her husband and kids will have to move out or apply and qualify to stay....she didn`t sign the lease because "she wasn`t there"....lol...It is hard to believe that the father started to beat on everyone on that family : his daughter, his son-in-law and his grand kids like she stated above...lol
Bad credit, lack of a job and money disqualifies some ppl from securing a place to live and parents are most of the times offering to help.
The father was able to qualify and secure an apartment and he is also a gun owner which makes him more credible and responsible than someone who "was not there" to sign a lease.....why are these ppl allowed to have kids when they can`t secure a shelter for themselves and have to move in with parents so they don`t end up in the street?...what does the husband do?..where`s his contribution to supporting his offspring?..His contribution was to gang up on the old man after he allowed them to stay.....whoa....they pay utilities!...good job....who was paying the rent?....the old man maybe?...why do I believe that the problems started after the old man asked them to pay some rent?
That does sound quite fishy. I agree with flo2900, there are alot of holes in this story and if the op wants the best advice she might as well tell the whole truth.
The police will enforce a restraining order that is properly served and filed . You do need to present a copy to the police/sheriff station for your area or they will not enforce it when requested to.
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