What should i do?

Business 3 views 2 answers
I have an apartment with my wife and kids and recently we have split but I'm still living in the apartment as a roomate and still father my kids and go to work. I came home from work and the locks were changed and there was a note on the door from the apartment manager of a notice of exclusion saying I was not aloud on the property. Their reasoning for it said "per police report, and pending restraining order. I did nothing to to get a restraining order and this happened while i was at work. I also have two kids living in the home and am worried she will keep them from me. I'm not sure what to do seeings how I have no other place to stay and was blinded by this. What should i do?

Attorney Answers

2
Jay Bodzin ·
If there is a restraining order in effect, you must obey it. Failure to do so can result in imprisonment and fines, even if you disagree with the basis for the order. A restraining order can also cursorily terminate a lease, even without notice. For this reason, you'll simply have to find another place to stay for the time being. You can contact the county sheriff's office and ask that a deputy accompany you to the residence to help you retrieve some personal belongings, for the immediate future. You have the right to challenge any restraining order issued against you. You do this by filing a request for a hearing, within 30 days of receiving notice of the restraining order. You have the right to a hearing within 21 days, or 14 days if a child's custody is effected, as it sounds like it may be here. At the hearing, the burden will be on the petitioner - the person who sought the order - to prove that their allegations in support of the restraining order (whatever they are) are true, and that they have a reasonable fear of future abuse in the absence of the order. They only need to prove this by 'a preponderance of the evidence' - a better-than-50%-chance - but the Oregon Court of Appeals recently released a couple of decisions that make it harder for these orders to be upheld. Without knowing the basis of this restraining order or any of the other facts - which you should not post on the internet - it's impossible to say much more. You should consult with an attorney in private for assistance with this. This is not a problem that will be solved by any words over the internet.
0 upvotes
Gregory Abbott ·
I am unclear as to whether a restraining order was issued prior to the landlord's changing your locks, or if you are on the lease. However, if they were changed prior to the issuance of the restraining order, you may have claims against the landlord. In addition to dealing with the restraining order - and you should talk with an attorney about it no matter what - you may want to review everything with a landlord=tenant attorney. You may have some money coming.
0 upvotes

People Also Asked