If a restraining order is filed against me and the person filing lives with me, what will happen?

UPDATED: Dec 7, 2011

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If a restraining order is filed against me and the person filing lives with me, what will happen?

My brother is trying to put a restraining order against me for his 2 year old son. He and his family live with me without paying rent or utilities. I asked them to leave and this is what he has threaten me with if I were to follow through. The lease has my name and my son’s name only. He was supposed to have a short stay. Then 5 months later I want him out. Could he put a restraining order and still live with me in the same apartment.

Asked on December 7, 2011 under Real Estate Law, Florida


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Interesting question. If your brother has threatened to file a restraining order against you where he resides in the same unit you reside without paying rent or utilties if you serve him with an eviction notice, you should do the following if you want him and his family out of the rental:

1. consult with a landlord tenant attorney about the situation where the landlord tenant attorney would prepare and have served a 30 day eviction notice on your brother and his family.

2. if they do not leave after 30 days, then an unlawful detainer action should be filed and served upon your brother and his family.

3. if any restraining order is filed against you, then the lawyer you should retain could respond to it.

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