If a landlord that you live with got a temporary restraining order against you, do they still have to get a legal eviction?

UPDATED: Aug 4, 2011

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If a landlord that you live with got a temporary restraining order against you, do they still have to get a legal eviction?

We live with my husband’s grandma. She wanted us leave 5 weeks ago then went and got a restraining order to get us out about a month ago. We have since been homeless, and still haven’t found a place. Her reasoning for threatening her is that we said she is violating our privacy. That is what she wrote on the order. We have court tomorrow, but does she still have to get an eviction notice? We just don’t know what to do or know where we stand at all.

Asked on August 4, 2011 Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

You need to carefully read the terms of the temporary restraining order issued by the court against you. Its terms control whether or not you are essentially evicted from the home you were living in by its terms.

You did not state what the temporary restraining order states in your question. If the order refers to you in any capacity other than as a "tenant" while residing at your husband's granmother's home, then for all intents and purposes your have been "evicted" as long as the temporary restraining order or any subsequent order against you and your husband remains in effect.

At the next court hearing on the restraining order issue, ask the court specifically if its order for all intents and purposes results in your eviction from your husband's grandmother's home for clarification of your living situation.

Good luck.

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