Can your tenant file a restraining order on landlord when we live in the same house?

Question

I already gave tenant 30 days letter. Than she calls the police on me due to "loud noise" when we were quite. The policeman stood outside my house for 20 min and heard nothing. I have a baby in the house so why would I risk waking him up. So anyways she told the policeman that she file a restraining on me and my husband. Also if the restraining order has a fake name. She don't know me real name, is that void to the court? Also she said that she has a 10 feet and 100 feet. I don't know which belongs to who. We haven't gotten papers from anybody. So now she calling cops on us because she is scared to come in the house. We haven't harassed her, not talked to her, not even looking at her. My questions is that can she file it even when we live in the same house? So if I see her I'm I violating the restraining order? As I said I havn't gotten any papers. FYI..I policeman was laughing at her for this situation...

Answer 1

You don't know what belongs to who because she never got a restraining order.  

Judges will not issue a restraining order against the owner of the home when there is not a domestic partnership because if the tenant is that fearful of her life, then it's reasonable that she would move.

She is blowing smoke up your butt as well as the police's.

Answer 2

Your being harassed.

Answer 3

It sounds like she is nuts!

I seriously doubt she got a restraining order, if she did and its not in the right name then its not valid, and if she did get one on you and it was legit, you would have gotten some kind of paperwork.

It sounds like your evicting her - document EVERYTHING because crazy people always cause problems.

Answer 4

Anyone can file a TRO, but you can also fight it. If the cop is laughing that means he asked to see it and it doesn't exist. Get copies of the police reports to use in the eviction proceedings. Don't use logic ("I have a baby in the house so why would I risk waking him up"), use files, reports, photos and documents.

Answer 5

As sad as it is, the law sides with the tenant, go to court asap, the sooner you do, the sooner you can get her out, maybe you can get a restraining order from her.

This is a special situation, and you will HAVE to deal with a judge, get her out asap. Don't change the locks, don't take her stuff outside, dont force her out, let the court deal with it, or shes there to stay.

Verbal agreement upon that she must move out should be strong enough to get her to leave, that you gave her thirty days written notice, and she didn't save the papers. In the future, keep records better.

Answer 6

The police are laughing because there is no restraining order.   A judge has to sign it and the police actually have a copy.  No judge will give anyone a restraining order barring a property owner from their own property.    She might get an order, but there would be a clause that she has to move elsewhere.

She sounds like a kook, I hope you can get her evicted soon.