Question:
I placed order of protection on my ex girlfriend that lives with me, we are both on the rental lease.She hasn’t been served yet?
She assaulted me and was charged with assault in the 3rd three weeks ago and she is still controlling and empowering the situation, she won’t leave our home, the police won’t remove her. She hasn’t been served with order of protection yet. Once she is served by the sheriff department, who has to leave our home? Me or her? I’m head of the household and the victim I want her to leave our home.
Answer:
I will assume based upon what you have described that you obtained a Stay Away Order of Protection which will require her to stay away from you, your home and place of business, among other restrictions. Therefore, she will be required to leave the home.
This educational legal blog was brought to you by Avvo and answered by Katrin Falco, an experienced Saratoga County domestic violence attorney. Our law office has been helping residents with complex family law issues for over 25 years.
