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Question

Is there a way in which I can keep someone from coming to where I live? I am a caretaker for my mother and live in her home with her as she is 90 years old. The house belongs to her and is in her name and I do not have a power of attorney for anything to do with her. The person who comes here, does so with her permission, but has a petite larceny summons on him for court in Dec., for taking one of my animals, which was witnessed by someone who was here repairing a tractor. This person whom I wish to keep away from me, my home and my pets is getting away with all the troubles he is causing and they are plentiful... my mother being as old as she is is persuaded by him to do and say awful things and each time he comes there is trouble. I have asked him to leave and have told him not to come back. A police officer has told him to let me know when he is coming and he has yet to do even this. How can I keep this man from coming here? I live in Fairfax, Virginina Thank you.

Submitted: 18 days and 9 hours ago.
Category: Legal
Value: $15
Status: CLOSED
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Optional Information

State/Country relating to Question: Virginia

Already Tried:
Got a warrant for a petite larceny charge. Am seeking what I can do that will keep this person away from me, my possessions and my animals.

Posted by Eli 18 days and 8 hours ago.

Answer

Hello,

My name is Eli and I am one of JustAnswer's attorneys. I'll be helping you resolve your matter today.

Yes, you can - you can file a Temporary Restraining Order with the Court and with the Judge's approval, he cannot come there. The TRO can also be made permanent. Would you like me to help you find an attorney to do this?

Best of luck in your matter. I'm here if you need any more clarification or follow up info.

I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work.

Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.

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18 days and 8 hours ago.

Reply

What basis is the Temporary Restraining Order? Obviously, I have considered this but was told that I had to be threatened or something to that affect. Please explain. Thank you.

Posted by Eli 18 days and 8 hours ago.

Answer

It's VERY broad, but generally - any action against you or your property, or threat of action against you or your property, is enough. Courts almost always side on the safe side, so your chances of getting it approved are very, very good.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.

I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work.

Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.

Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.

There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”

18 days and 8 hours ago.

Reply

Thank you for your response. If I understand you correctly, what I need to do is go to the magistrate and request a TRO be issed on this person because of the petite larceny issued by the CommonWealth of VA, becasue of my complaint. They should grant it?

 

I can obtain a TRO on this person because he has a case for petite larceny of my animal by going to the Magistrate in Fairfax County and requesting one.

 

Thank you again. Just making sure I have understood you correctly.

Accepted Answer

Yes, and especially if you tell the Court that you suspect that they wanted to or already took some valuables from you, or otherwise threatened you.

Best of luck in your matter. I'm here if you need any more clarification or follow up info.

I hope you found my answer helpful, and if so please click on the GREEN ACCEPT button for my answer. This is the only way for me to get credit for my work.

Your question will not close, and you will still have the opportunity to follow-up if and I would be happy to answer any and all of the follow up questions.

Remember, sometimes the law under which your situation falls does not give you the outcome or the choices you wanted - please understand that this is not the attorney's fault, but the way of circumstance.

There might be a delay between your follow up questions and my answers because I may be helping other clients or taking a break.

Leaving a bonus and positive feedback is not required, but doing so is certainly appreciated!

You can always request me for a future legal consultation through my profile at http://www.justanswer.com/profile.aspx?PF=7286322&FID=7 If you do this, make sure to being the question with “This Question is for Eli…”

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Expert: Eli
Pos. Feedback: 98.3 %
Accepts: 
Answered: 11/4/2009

Attorney and Counselor at Law

Specializing in areas of immigration, family law, personal injury, and small business consultation.

18 days and 6 hours ago.

Reply

Thank you. I will go to the magistrate today and request a TRO based on the CommonWealth of VA upcoming court case for Petite Larceny, and that this person has been seen by me, but not reported, taking my possessions and that he makes third party threats to cause me problems if I do not drop the case, which I can not do anyway since it has been issed by the Common Wealth of VA. Hope this works and thank you very much.

Posted by Eli 18 days and 4 hours ago.

Answer

Great...good luck. :)

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