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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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I have a messy situation. My daughters father was living with

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I have a messy situation. My daughters father was living with her and is on the lease. He has documented mental health issues and turned on all the gas in the house. No one was hurt and the next day my daughter called the police and we attempted to have him arrested or a 5150 hold. They took him away and his sister came and took him to Reno where she lives. I want to move in with my daughter and grandbaby to provide some stability and want him taken off the lease. What can I do? We want to get a restraining order as well...

Thank you for your question. Please permit me to assist you with your concerns.

I am sorry that this is the situation that you find yourself in. He is on the lease which complicates matters. Only the landlord can agree to release him from the lease, and only if the other party (the father) formally consents. That is unnecessary if you are able to obtain a restraining order. You cannot obtain one as he never assaulted you, but if he has a history of assault or credible threats, then the daughter herself has to go to court and request a restraining order directly. She can start at her local police station and if the order is deemed valid, a judge on duty can grant her a temporary order that would block the father from being able to return to the property. He would still be ostensibly on the lease but he would not have an ability or a basis to return once the order is made permanent (that would require a formal hearing in front of a judge about a month or so down the line).

Good luck.

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