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Can I get a restraining order with us having a baby together

2007-03-26 15:41:44 · 17 answers · asked by MamaTooz4 1 in Family & Relationships Marriage & Divorce

How can I evict if I am not the landlord. And if I go to the landlord and tell him to take his name off the lease...Then he could possibly kick me out because I have no proof of being able to afford the place on my own?

2007-03-26 15:47:11 · update #1

17 answers

Maybe, and yes. Contact a lawyer.

2007-03-26 15:43:49 · answer #1 · answered by Ask Aunt Amy 3 · 0 1

Yes, you can file a restraining order if there is a history of violence and abuse that you can prove. Have you pressed charges? If the answer is no, why not??? You have a child to consider.

If his name is on the lease, you can not kick him out. You have no legal right to remove him. That is his legal residence. He doesn't have to sign the lease.

You need to contact an attorney. Contact a woman's abuse shelter, and they will be able to provide you with the necessary tools to protect you. Since you have a child, you will get help more easily then if you didn't. Take advantage!

2007-03-26 22:57:14 · answer #2 · answered by sarlha 3 · 0 0

if you go to your landlord and ask to see a copy of the lease and his name is not signed on that "legal document" then i would take a copy of that to the police station, do your restraining order, providing them the document, give the restraining order to your landlord and request the locks be changed. this, however, is something you might have to pay for. my personal opinion. legal ones might vary. best if you ask the landlord and the police station. most landlords will cooperate when it comes to your safety as well as a childs.

2007-03-26 22:46:20 · answer #3 · answered by Anonymous · 0 0

Stop playing games you removed your first ? probably because you did not get the answers you were getting
well girl let me ask you
Why did you not call the police when he bits you
at that time you sould have not only kick his as* out but also get a restraining order
Yes even if the least is on his name you can still kick his a** out
and please talk to your family /friends make them aware of what it going on at home
Good luck

2007-03-26 22:50:19 · answer #4 · answered by waiting for baby 6 · 0 0

The lease is a legal document, called a contract, and holds all that sign it responsible for it's provisions. If he failed to sign it then he is not bound by those provisions and he has no rights granted in the contract. It is a technical error, but a critical one. It does give you a foot to kick him out, but I would ask a lawyer for advice first. However, if he has assaulted your or other wise criminally attacked you then after you call the police and file a report then you can file that restraining order.

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http://www.lawinfo.com/
http://www.lsc.gov/about/grantee_links.php
http://www.thelaw.com/
http://www.flac.ie/
http://www.legalsurvival.com/

2007-03-26 22:49:59 · answer #5 · answered by Dan S 7 · 0 0

hi about your prob you should get some legal advice about how you stand its difficult to point you in right direction as not a lot of info to go on as a rule landlords just want you to pay on time and to look after the property C.A.B can be quite helpful as to a restraining order i have one in place as i was in a very violent relationship the guy in question went to prison for what he did if this guy you refer to is causing you physical harm you can get the police involved to implement a harassment order on him whatever you decide to do dont leave it if this guy is violent also some solicitors will answer your question via an email i recently emailed one in london about an employment issue and they emailed me the next day good luck

2007-03-27 00:37:25 · answer #6 · answered by KAREN W 1 · 0 0

He never signed. If you're able to pay, do so. And yes, by all means toss his stuff out, AND get a restraining order. Also ensure he provides financial support to your baby. You may consider some advice from an attny.

2007-03-26 22:50:08 · answer #7 · answered by iyamacog 7 · 0 0

You can kick him out if you can prove there was no rental agreement between you and him. Since you have (had) a relationship with him, it'll be tough to get him out without going through the normal eviction process.

I should add that if you can prove you fear for your or your child's well being, you can have him forcefully removed by the police.

Good luck and may God bless.

2007-03-26 22:52:40 · answer #8 · answered by vinny_the_hack 5 · 0 0

technically if he didnt sign then u can kick him out. and with you having a baby together you can get a restraining order but with the courts involved he might be able to have visitation

2007-03-26 22:48:26 · answer #9 · answered by chickabee 1 · 0 0

You can definitely get a restraining order, baby or no baby.
As far as the lease is concerned - did you sign it?
I would ask attorney advice, you want to get it right.

Good luck!

2007-03-26 22:45:32 · answer #10 · answered by tamara_cyan 6 · 0 0

restraining order yes. kick him out. no...u have 2 evict.

2007-03-26 22:44:34 · answer #11 · answered by ? 5 · 0 0

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