i pay rent underneath my parents house.........I have 2 small children with a man im madly in love with. my mom wants to file a restraining order on him cus she plain and simple doesnt like him . i pay rent its not fair! can she legally do that? HES not a threat???
2007-11-04 11:30:46 · 19 answers · asked by babymissy203 1 in Politics & Government ➔ Law & Ethics
Legally, anyone can file a restraining order on anyone for any reason. However, having the court grant that restraining order is a different story. There must be reason to believe that the person plans to harm, harrass, stalk, etc the person filing the complaint. If the person if filing on behalf of children, they must be a parent or legal guardian of those children.
Parents tend to have more experience and insight. Why does your mother not like him? I suggest you CALMLY discuss the issues she has with him, listen, and consider that she may be seeing something you are not.
2007-11-04 11:35:06 · answer #1 · answered by Anonymous · 0⤊ 0⤋
In order for "Mom" to get a "Personal Protection Order" (That's what they're called now), she HAS to have a reason for it. This of course could be as simple as continuous and/or multiple calls to the police with reports being filed, or as drastic as actual physical altercations between them. As long as you pay rent and there was no stipulation as to only you would live there she cannot put out your boyfriend. Of course that also depends on there being NO direct access to where she lives, if there is then it IS HER house and she has the right to say who lives there. The biggest question you need to face is the fact that boyfriends come and go, are you willing to risk your relationship with your MOM over this guy? And IF he loves you TRULY, then why is he asking you, or putting you in the situation where you run the risk of hurting the relationship with your family. TRUE love adds, it doesn't ask you to choose between.
2007-11-04 11:43:31 · answer #2 · answered by keydoto 3 · 0⤊ 0⤋
If she has filed the order she shouldn't be in trouble if she chooses to break it--but she's making a huge mistake if she does. The restraining order was put into effect to protect her from this guy. The court system will not take her seriously if she intentionally puts herself in position to be near him.
2016-05-27 09:10:55 · answer #3 · answered by Anonymous · 0⤊ 0⤋
Does she have grounds for a restraining order? She'll need to pursuade a judge that your boyfriend is some how a threat to her.
In short: She can try, but unless she has a compelling reason, she won't get anywhere.
Can she keep him from her house? That kind of depends on the lease you signed with your parents. If there is no lease, then yes, she can.
2007-11-04 11:34:16 · answer #4 · answered by Elana 7 · 0⤊ 0⤋
yes
the rent has nothing to do with it
you need to move out and if he was any good he be paying the rent
you got two kids with him, is he paying or bludging off you
perhaps your mother knows best
any man worth his salt lives with his girl and brings up the kids by earning a quid and paying the bills etc ?
if you mum wants a restraining order he may have made a pass to your mum and she is afraid
have a heart to heart with you mum and find the truth.
the fact that your mum wants to do this indicates to me that they have already had sex together, because women act after, not before. If it s not that then he has already threatened her.
You got a real problem there girl.... its going to be a horrible outcome for you
2007-11-04 11:41:28 · answer #5 · answered by chezzrob 7 · 0⤊ 0⤋
when you say you pay rent at your parents house, is it a single family and you live in their house or is it a multiple family house and they own it and you reside in one of the apartments??
as ridiculous as it is technically it is possible. if she wants she could make up anything she wants to file a restraining order against him.
my suggestion would be if you are finacially able you would really say to move out of your mom's house to avoid future problems it seems to me she really doesn't like him and will probably try to do anything to rid of him.
is there a reason why she doesn't like him??
i wish you the very best of luck
2007-11-04 11:55:07 · answer #6 · answered by JESSIE 2 · 0⤊ 0⤋
You can't get a restraining order against someone just because you don't like them. But it is her house, not yours, so if she can prove just cause she probably can restrain him from coming on her property.
Why doesn't she like him? Does it have anything to do with him getting you pregnant twice without marrying you and taking care his kids?
2007-11-04 11:34:46 · answer #7 · answered by Anonymous · 0⤊ 0⤋
My neighbors tried to pull this one on us-just because they are mad at us. The police officer informed them that there has to be a reason-intimidation, threatening someone, anything that is considered harrassment. Needless to say, they were not successful in obtaining one. We have done nothing to them. (except for calling CPS on them for leaving their kids 7, 2, and 1 home alone in the middle of the night with no electricity or heat.) So, yeah they probably retaliated for this reason. But all we were doing was looking out for their kids cuz they could not do it themselves.
2007-11-04 11:36:03 · answer #8 · answered by truely_loved 4 · 0⤊ 0⤋
Not liking someone is not a reason to obtain a restraining order. Doubt they will grant one. The really hard part for her to do this is the fact that he lives on the premises. Is there any reason she "has" to talk to him or see him?
2007-11-04 11:35:08 · answer #9 · answered by sensible_man 7 · 0⤊ 0⤋
Not unless she has cause of action - if you are a minor and he's not she can claim statutory rape since you have 2 kids and child endangerment. If he displays disorderly conduct or even if she simply feels he is a threat she could file a complaint. you'll have to provide more details. sorry, good luck
2007-11-04 11:34:32 · answer #10 · answered by phantom 3 · 0⤊ 0⤋