If someone is visiting family and an altercation occurs and the visitor files a restraining order against the residing member, who has to refrain from the residence?
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If someone is visiting family and an altercation occurs and the visitor files a restraining order against the residing member, who has to refrain from the residence?
Asked on April 29, 2019 under Criminal Law, New York
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The family member would have to leave the residence if/when the visitor is there. But a visitor has no rights to enter another person's residence agains the will of the owner (if it is owned) or tenant (if it is leased), so the family member should forbid the visitor from coming there and call the police, for trespassing, if they do.
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