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Can I be kicked out of my house without being evicted when I have lived there for four months and have paid bills?
Anonymous9 views3 answers
And can my ex-boyfriend put a restraining order on me when I haven't done anything or made any threats? He has also changed the locks to the house where we both were living and have put my clothes on the front porch telling me that I can not return home. How do I handle this situation and I have no where to go? Can he get away with this?
Dear New Britain,
Unfortunately, I will need more information to answer your question properly. Do you own the property? Is the restraining order temporary or final? How and when did you receive notice of the restraining order? Did the court hold a hearing to make their determination?
Please consult with a family law attorney in your area.
As was said, it sounds like you need to consult with your [family] attorney. Did you go to the TRO (presumably it's a TRO, anyway) hearing? Was there one?
Do you have any ownership or leasehold interest in the house? It sounds like either you were both renting the property or your ex-boyfriend owned it. If you were renting, were you on the lease? If owned, were you on the deed?
This is not legal advice and is not intended to create an attorney-client relationship. The post is only an opinion. You should speak to an attorney for further information. The poster is licensed only in CT & NY. Please visit www.hamadlawfirm.com for more information about our services. If this post is useful to you, please remember to upvote it.
Robert L FiedlerFamily Law AttorneyNew Britain, CT ·
You raeise a number of issues that all need more information. This reply is intended to try to answer some of your questions but to raise additional questions that need answers. Feel free to call me when you have the additional information.
First, since you have lived there for four months and paid the bills, you have established a right of tenancy and under normal circumstances cannot be evicted without your ex following the required procedures.
Second, changing the locks on you in the absence of any proper authority could be construed as a "lock out" and is not permitted.
Third, unfortunately, any person can apply for a TRO but, regardless if it is granted or not, a hearing is usually scheduled by the court and you must be notified of the application and the court date. You have the right to appear and argue against the TRO.
The above answers also ask a number of questions For example, were you served with the application for a restraining order and if so what reasons were listed?
I think you need to gather all of your information and consult with an attorney immediately.