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Ask Ely Your Own Question
Ely
Ely, Counselor at Law
Category: Legal
Satisfied Customers: 100048
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Parte Protection Order (Civil 50B) does the defendent be ordered

Customer Question

Parte Protection Order (Civil 50B) does the defendent be ordered to pay house payment or
appropriate alternative housing and if so where is cause stated for judge legally found
in this order? Plantiff will become homeless which can be proven easily.
Submitted: 7 months ago.
Category: Legal
Expert:  Ely replied 7 months ago.
Hello and welcome to JustAnswer. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms. In such a restraining order, the Defendant is normally simply ordered to stay away from Plaintiff. This means the Defendant has to relocate (not the Plaintiff). The Plaintiff is normally not ordered to pay the Defendant for the relocation and/or for alternative housing. I am not sure how told you this, but this is not true. I hope this helps and clarifies. Please use the SEND or REPLY button to keep chatting, or please RATE when finished. You may always ask follow ups at no charge after rating. Kindly rate my answer as one of TOP THREE FACES/STARS and then SUBMIT, as this is how experts get credit for our time. Rating my answer the bottom two faces/stars (or failing to submit the rating) does not give me credit and reflects poorly on me, even if my answer is correct. I work very hard to formulate an informative and honest answer for you; please reciprocate my good faith with a positive rating.
Customer: replied 7 months ago.
I .... Being the plantiff and the spouse of 43 years with disabilities ... unabe to work with only ss of $774 a month need for him to pay 18 mos left on te house of 25 years or alternate housing as I am still te dependent spouse ... wont survive it states this in the order even though it says temporary ... i need time to see if it will sell before forclosure and give up all equity
Customer: replied 7 months ago.
Please answer
Expert:  Ely replied 7 months ago.
The Defendant does not have to pay the Plaintiff, either. The restraining order simply orders the Defendant to keep away from Plaintiff. If you want him to pay you money and he is in agreement, you can arrange something via a third party to void direct contact. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 7 months ago.
WHY was I advised by the criminal state prosecutor to also get a civil 50B as soon as possible because it covered many other issues? So he abuses me walks out and leaves me more emotional stress to clean up the garbage ... bills moving etc? Is this what the legal system thinks is fair? most people treat their dogs better. Any advice ... could you give it another thought? Broke!
Expert:  Ely replied 7 months ago.
Hello, I do not know why you were advised to get a Civil 50B. Perhaps whoever you spoke with had your safety in mind, and your financial needs were not considered in their advise. But in the end, most people who are being harassed would indeed seek a restraining order. This is how the system works. The person who is restrained then has to keep away from the Plaintiff. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 7 months ago.
He now has two ... one criminal and one civil for one year and I have sole possession of house ... persona property and car.
Can I sell anything legally ... like a yard sale and contents of house? Do I have to pay his bills or mine? Most are unsecured.
Expert:  Ely replied 7 months ago.
Thank you for your reply. Restraining orders do not change possession rights. You can sell whatever is 100% yours. You cannot sell whatever is his, or an item of which the two of you share title of, however
Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 7 months ago.
however is where you left off ... however what? the order does give right thats how i got it from the judge. You also have not mentioned that I file for alimony and his ss if it is higher than mine he doesnt have to die first.
Expert:  Ely replied 7 months ago.
Hello, The period was missing off that sentence. So I was finished. I meant to say: "Thank you for your reply. Restraining orders do not change possession rights. You can sell whatever is 100% yours. You cannot sell whatever is his, or an item of which the two of you share title of, however." You never asked about alimony. You can file for alimony if you are legally separated or are divorcing. This would be a separate lawsuit, not part of the restraining order case. Gentle Reminder: Please, use REPLY or SEND button to keep chatting, or RATE POSITIVELY and SUBMIT your rating when we are finished. You may always ask follow ups at no charge after rating.
Customer: replied 7 months ago.
I asked for advice. You have answered some questions misleading. I must not be the average joe I wanted more lawful answers in more detail. Too generic for me and you did not answer them all. Do you think a refund and one star would be the right thing to do?
Expert:  Ely replied 7 months ago.
No problem. I will opt out and open this up for other experts who may be able to understand your situation better. Hopefully you can have a less generic conversation which is not akin to - as you stated - "refund and one star " and one which is more to your satisfaction. All the best.