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Gerald, Esq
Gerald, Esq, Lawyer
Category: Legal
Satisfied Customers: 4180
Experience:  30 years of experience
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I obtained an emergency order of protection from the court

Customer Question

I obtained an emergency order of protection from the court due to violence and physical abuse, including emotional, mental, and financial. He violated it 3 times and to my knowledge has not been arrested. I went to a womens shelter for awhile and then they told me I had to go back. When I did, the locks had been changed and there was and still is no contact information for me and the landlord to speak. I called a locksmith to get back in (I was given rights to the property, not him). Then a so called manager and a neighbor came, seeing the locksmith truck. I called the police as they were irate and screaming. The locksmith couldn't calm them down and talked to police. They then served me a 5 day notice and put a note on the door saying only the abuser was allowed there. What to do.
Submitted: 1 year ago.
Category: Legal
Expert:  Gerald, Esq replied 1 year ago.

Thank you for using Just Answer. Please bear with me while I review your question. I will respond fully shortly. Thank you for your patience.

Expert:  Gerald, Esq replied 1 year ago.


Thank you for using Just Answer. I want to provide you the best service I can. Please feel free to ask any follow up questions you have.

I am an attorney with 30 years of experience; I hope to provide you information that will help you in resolving your question.

The Landlord can not put you out without a Court Order. You can challenge the five day notice. SImply send a letter to the Landlord stating that the Court already granted you possession of the apartment and that you are NOT leaving. State that you will dispute any eviction process that he initiates.

If/When the landlord files the eviction in court (this will be be before the magistrate court) file an Answer with the Court disputing the eviction. Submit to the magistrate a copy of the Protection Order that you already have received.

You may also want to contact the shelter and ask them if they have any legal assistance that they can refer you to. Many shelters have pro bono attorneys who can help you with the eviction as well as the protection from abuse order.

I am sorry that you are having these difficulties and want the best outcome for you. This link canhelp you find low cost or free legal assistance too:

I want you to be comfortable and satisfied with my attempt to assist you. Please, if you have ANY follow up questions, feel free to ask. Please note that I am generally unavailable Friday evening through Sunday.

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Good luck,

Please note: Information given is not legal advice. Only your local attorney can give legal advice. I can't establish or accept an attorney-client relationship with you. All posts are available for public viewing.

Customer: replied 1 year ago.
We went to court today. He lied and I can prove it. The Judge gave the premises back to him and ended protection. The womens assistance office make the mistake of mis-categorising my file. Then blamed it on me. He made up up things about where I was and what I was doing. The only good thing is I had strict rules to follow and can prove where I was and wasn't. The manager of the property screamed at me and I told her I do not deal with irrational, irate people and told her to leave. The maintenance man, who lives across the street had been watching my bedroom the entire time he made the mistake of telling me. He did say I was not on the property when my roommate told the Judge I was. The Judge ignored that. The womens help center told me they cant refile. This man I then saw as I was leaving my bank and at the bus station. Although I didn't take photo quick enough giving me a good reason to bring back to court. He has 4 prior orders of protection and the Judge ignored that.
Expert:  Gerald, Esq replied 1 year ago.
I'm so sorry that the system is failing you.
I am not at home at the moment. Please bear with me until I can better review and respond to you.Kind regards,
***** *****
Expert:  Gerald, Esq replied 1 year ago.


Thank you for your patience. I just got home and began researching your situation.

Unfortunately there are only two steps you can pursue.

1) You can file a Motion for Reconsideration to the Court and ask the Judge to reconsider hs decision. When you do this you need to point out the evidence that the Judge overlooked. So you need to attach whatever you have to your Motion.

The Motion does not need to be fancy or complex. Just state in plain simple language what evidence you have that calls for the judge to make a different decision.

2) The other thing that you can do is file an Appeal. An Appeal goes to the next level court and must follow the rules that control appeals. While you may be able to prepare the Appeal yourself, it takes tme and can be complicated. So you would be better contacting an attorney to prepare and file the Appeal.

If you are intent on trying to do this yourself here are some links that will help you:

I wish that there was some other information that I could provide you that would give you a quick fix. Unfortunately there is no such easy solution.

Continue working with the shelter so that you can have a safe place to go if necessary.

You can refile for a new PFA if there are new instances of harassment, so do refile if necessary.

Lastly, please consider taking self defense classes or other programs so that you can be as safe as you can be.

Again I am so very sorry that this is happening in your life. I will keep you in my thoughts and prayers for a safe and positive result.

Kind regards,