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Restraining Order Against A Neighbor

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  • 02-28-2008, 07:06 PM
    65eglide
    Restraining Order Against A Neighbor
    we got a restraining order against a neighbor a couple of years ago. along with a no tresspassing order. We since have moved but still own the property where that restraining order was issued, we have since rented out that house. Would the order still be in effect, we have notified the new tenants before a lease was signed that we did have this order against her. Do we still have the right to this order to not allow her on the property or to have any contact with the people now leasing it ? she tried to convince these people to rent part of our garage to her . it does state in the lease no sublets, would she be in violation simply by contacting them ?
  • 02-29-2008, 04:52 AM
    bigcountrysg
    Re: Restraining Order Against Neighbor
    The restraining order is for you not the property, so the restraining order should be in effect unless it has expired. The tresspassing order should still be in effect unless it has expired.

    If the nieghbor had or has contact with the tenants. The only thing you could do is use the tresspassing order. For which the person that has the tresspassing order against them would have to come onto the property for that to be affective.

    The restraining order is to protect you against the individual.


    A tresspasing order is to prevent unwanted person from entering your property.

    A restraining order is to prevent all contact from an individual.
  • 02-29-2008, 05:59 AM
    65eglide
    Re: Restraining Order Against Neighbor
    ok.
    here is the wording of the restraining order

    1. the defendand is prohibited from assaulting, threatening, intimidating, coercing or harassing the plantiffs and their repective families.

    2. the defendant is prohibited from causing or attempting to cause damages to the proprty of the plaintifs and their families.

    3. the defendant is prohibiting from speaking to, telephoning, writing and in any way communication with the plantiffs in person or otherwise, directly or through so other persons.

    4. the defendant is prohibited from knowingly approaching the residence of the plantiffs

    the tresspasing order basically says she is not allowed on the property and can be arrested if the police catch her there.

    there is no expiration date on either the restraining order or the trespassing order
  • 02-29-2008, 06:39 AM
    Baystategirl
    Re: Restraining Order Against Neighbor
    Quote:

    Quoting 65eglide
    View Post
    ok.
    here is the wording of the restraining order

    1. the defendand is prohibited from assaulting, threatening, intimidating, coercing or harassing the plantiffs and their repective families.

    2. the defendant is prohibited from causing or attempting to cause damages to the proprty of the plaintifs and their families.

    3. the defendant is prohibiting from speaking to, telephoning, writing and in any way communication with the plantiffs in person or otherwise, directly or through so other persons.

    4. the defendant is prohibited from knowingly approaching the residence of the plantiffs

    the tresspasing order basically says she is not allowed on the property and can be arrested if the police catch her there.

    there is no expiration date on either the restraining order or the trespassing order

    Where does it say that? 1-4 that you posted says nothing of the kind...

    YOU no longer reside there...So the order is no longer in effect for THAT property. Your tenant is not a party to the order so if THEY want to have a neighborly relationship INCLUDING having the restrained party over for tea, that would be their decision.

    Renting out a portion of the garage would be in violation of your lease and THAT you would enforce with the tenant.
  • 02-29-2008, 06:40 AM
    Mr. Knowitall
    Re: Restraining Order Against Neighbor
    Quote:

    Quoting 65eglide
    View Post
    1. the defendand is prohibited from assaulting, threatening, intimidating, coercing or harassing the plantiffs and their repective families.

    The tenant is not you or your family.
    Quote:

    Quoting 65eglide
    2. the defendant is prohibited from causing or attempting to cause damages to the proprty of the plaintifs and their families.

    Your rental property remains your property, so this applies.
    Quote:

    Quoting 65eglide
    3. the defendant is prohibiting from speaking to, telephoning, writing and in any way communication with the plantiffs in person or otherwise, directly or through so other persons.

    Your tenant, again, is not you.
    Quote:

    Quoting 65eglide
    4. the defendant is prohibited from knowingly approaching the residence of the plantiffs

    Your residence is the place you live, not a house you rent out to others.
  • 02-29-2008, 08:16 AM
    65eglide
    Re: Restraining Order Against Neighbor
    Quote:

    Quoting Baystategirl
    View Post
    Where does it say that? 1-4 that you posted says nothing of the kind...

    YOU no longer reside there...So the order is no longer in effect for THAT property. Your tenant is not a party to the order so if THEY want to have a neighborly relationship INCLUDING having the restrained party over for tea, that would be their decision.

    Renting out a portion of the garage would be in violation of your lease and THAT you would enforce with the tenant.




    actually your wrong on that, along with the R.O we have a seperate "no tresspasing order" for her to stay off the property. and since she does have that tresspasing order which is for the property, if she did manage to convince them to rent her space she would be violating that. according to the police the tresspassing order remains in effect until we no longer "own" the property
    A R.O. is basically against a person not a property, that why we got a seperate no tresspasing order

    when the lease was signed we added that we are retaining a floor of the garage for our own personal use to store items
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