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Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 17514
Experience:  B.A.; M.B.A.; J.D.
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I have a 3 family rental building in queens, ny. The first

Customer Question

I have a 3 family rental building in queens, ny. The first floor has two bedrooms and are share by two couples, both couple name is ***** ***** lease. One of the room is now vacant and the other room is occupied by husband and wife. Yesterday the husband attack me and is arrested by the police at 4pm, the wife her friend was laughing during the incident. I was told a Court ADA will call me to confirm the incident. Another note, during the arrest and after the arrest the wife was shouting my house is going to get burn and threaten me and family. I don't live in this building and they know where I live. I am scare they may seek revenge.
My question is how can I obtain an order of protection for both husband and wife to stay away from me and family. Can I demand it with Court ADA? What if he is only willing to include the husband name on the order of protection since he is the only one arrested, how can I get an order of protection from the wife as well? Finally, how can I get them remove from my house immediately since they are posing danger to my asset and my safety?
Please advice, thanks.
Submitted: 5 months ago.
Category: Legal
Expert:  Phillips Esq. replied 5 months ago.

I am sorry to read about your difficulties. However, you did not ask a specific question.

What is your question?

Customer: replied 5 months ago.
My question is how can I obtain an order of protection for both husband and wife to stay away from me and family. Can I demand it with Court ADA? What if he is only willing to include the husband name on the order of protection since he is the only one arrested, how can I get an order of protection from the wife as well? Finally, how can I get them remove from my house immediately since they are posing danger to my asset and my safety?
Expert:  Phillips Esq. replied 5 months ago.

My question is how can I obtain an order of protection for both husband and wife to stay away from me and family.

Response 1: You cannot obtain an Order of Protection for both husband and wife since the husband was the only one that attackedyou and was arrested for the attack.

Can I demand it with Court ADA?

Response 2: You can demand it with the ADA for the husband or file application for the Order yourself at the local Courthouse.

What if he is only willing to include the husband name on the order of protection since he is the only one arrested, how can I get an order of protection from the wife as well?

Response 3: You cannot because the wife did not attack you.

Finally, how can I get them remove from my house immediately since they are posing danger to my asset and my safety?

Response 4: You can give them a notice to move out because the husband has violated the terms of the lease by attacking you. Then if they refuse to move out, you have to go to Court and file holdover eviction case against them. For more information, click on the links below:

https://www.nycourts.gov/COURTS/nyc/housing/general.shtml

https://www.nycourts.gov/COURTS/nyc/housing/holdover.shtml

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<p style="margin-top:2.5pt;margin-right:0in;margin-bottom:2.5pt;margin-left:
0in;line-height:12.5pt">Thank you for your cooperation.
Customer: replied 4 months ago.
I just found out now that my attacker was issued a DAT, desk appearance ticket return to court on 9-30, so how do I proceed with obtaining a order of protection? I have no paperwork what so ever
Expert:  Phillips Esq. replied 4 months ago.

You can go to your Police station and have them assist you in completing the paper work for Order of protection or you can go to your local Courthouse, the Clerk's office and ask for assistance. The forms for applying for the Order are available at the Clerk's office.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

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