Evictions and Restraining Orders

Not every tenancy is an ideal relationship between renters and their landlord, or vice versa. Self-help is not an option. If a landlord files an eviction notice, but a tenant does not want to leave, the restraining order process may allow either party to prevent or facilitate an eviction.

There are several types of restraining orders and each has its own legal purpose. Although it is usually not the first course of action, a protective order can be used to prevent a tenant from remaining on a landlord's property. Additionally, a tenant can also get a temporary restraining order (TRO) to temporarily halt an eviction.

Harassment Restraining Orders (HROs) for Landlords

If you are a landlord and you have reason to believe your tenant is a threat to your safety, you can file for a court hearing to issue a harassment restraining order against your tenant.

What a court orders a harasser to do or not do depends on the situation. The court may order your tenant to stay away and stop calling you, or to stay a specified distance from you and your property. If you get an HRO against a tenant who lives in your house, the tenant may have to immediately vacate the rental property.

If you feel threatened enough by your tenant to seek a restraining order, you may have already started the eviction process. However, evictions can take time and an HRO, may be a faster way to protect yourself and your loved ones. You should immediately seek legal advice from a landlord tenant attorney.

Temporary Restraining Orders for Tenants

If you are a tenant and convinced your landlord is trying to evict you unjustly, you may be able to ask a judge to issue a temporary restraining order to temporarily prohibit an eviction action.

These TROs are a civic injunction—like a harassment restraining order—and the process for getting them can be complicated, so it may be worthwhile to seek out the advice of an experienced legal professional.

Types of Restraining Orders

There are many types of restraining orders and different orders are appropriate in different circumstances. Some restraining orders include,

• Temporary Restraining Order (TRO)
• Order for Protection (OFP)
• Harassment Restraining Order (HRO)

The differences between the aforementioned orders are significant. A TRO is a civil procedure in court determined by civil code; an Order for Protection is a family court order, usually protecting one member of a family from another family member; a Civil Harassment Restraining Order is similar to an OFP, but an HRO is a civic injunction used for non-family members.

You should email or call a landlord tenant attorney for legal information about restraining orders, unlawful detainer and the eviction process.