Legal

Ask a lawyer and get answers to your legal questions

Ask a Lawyer,
Get an Answer ASAP!

This answer was rated:

What is best way to get a temporary restraining order when…

What is best way to...
What is best way to get a temporary restraining order when you are a tenant and eviction is involved? This is in SC.
Show More
Show Less
Ask Your Own Legal Question
Answered in 13 minutes by:
2/26/2018
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,537
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified

Hello and welcome! My name is ***** ***** I am a licensed attorney and will try my best to help with your situation. There may be a slight delay in my responses as I type out an answer or reply.

.

What is the reason for the restraining order?

,

Has the landlord threatened to harm the tenant or physically assaulted them?

.

Or is this in an attempt to delay the eviction process?

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 4 months ago
Thw landlord has assaulted the person on several occasion.

Ok, then the person would need to go down to the local police and file a formal criminal complaint against the landlord. Then they can go to the courthouse and file a request for a restraining order to be issued against the landlord for no contact with the tenant.

.

But that wouldn't stop any eviction process as that is a legal action that would be handled in court and with the sheriff overseeing it if an eviction judgment and writ is issued.

.

.

thanks

Barrister

Ask Your Own Legal Question
Customer reply replied 4 months ago
Please,give me reasons that are usually accepted for appeal for eviction or any info for it links etc..,
Customer reply replied 4 months ago
This is in South Carolina if needed.

Depends on why you are being evicted... If you didn't pay the rent, your only defenses are that you did pay the rent or you have some legal reason to withhold the rent, like the place is in such bad shape as to be uninhabitable.

.

If you violated the lease in some other way, the landlord has to prove that you did in court to get a judgment..

Ask Your Own Legal Question
Customer reply replied 4 months ago
This just hypothetical If the landlord said you didn't pay how would they how would they go about proving that if they aren't going about it tax wise.
Customer reply replied 4 months ago
They are not reporting it on there tax if that make it a little clearer.
Customer reply replied 4 months ago
I said something twice by mistake
Customer reply replied 4 months ago
Sorry about that.

If they said that you didn't pay, then unless you have proof you did, like a receipt of cancelled check or something showing an electronic transfer, then you are kind of stuck... That is why you always ask for a receipt if you are paying cash.

.

It was my pleasure to work with you and help with your question. If you ever need me in the future, you can post a new question with "For Barrister" in the title and the JustAnswer employees will get it to me.

.

If you feel I have answered all your questions, I would very much appreciate a 5 star rating by clicking on the rating scale on your screen as that is the only way I receive credit for my work.

.

.

Thanks much

Barrister

Ask Your Own Legal Question
Customer reply replied 4 months ago
What if they would deny you a receipt but have witness or record as a ledger of journal of such actions? Also, legally don't they have to report this to IRS an adult paying them rent to stay there and how often do they have to report this?

Then you bring your witness to court to testify at the eviction hearing.

.

And they should be reporting the income on their taxes when they file taxes once a year. But if you are paying cash, the landlord may not be reporting it..

.

Please take a moment to rate my service as that is the only way I am compensated for my work.

Ask Your Own Legal Question

Hello again,

.

I just wanted to touch base with you and check in.

.

Did you have any further questions I can help with?

.

.

Thanks much

Barrister

Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,537
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs
Verified
Barrister and 87 other Legal Specialists are ready to help you
Ask your own question now
Was this answer helpful?

How JustAnswer works

step-image
Describe your issueThe assistant will guide you
step-image
Chat 1:1 with a lawyerLicensed Experts are available 24/7
step-image
100% satisfaction guaranteeGet all the answers you need
Ask Barrister Your Own Question
Barrister
Barrister
Barrister, Attorney
Category: Legal
Satisfied Customers: 42,537
42,537 Satisfied Customers
Experience: 17 yrs practice, Civil, Criminal, Domestic, Realtor, Landlord 26 yrs

Barrister is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

24,657 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

INFOLAWYER

INFOLAWYER

Attorney

22,408 satisfied customers

Licensed attorney helping individuals and businesses

JPEsq

JPEsq

Attorney

2,132 satisfied customers

Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor

Law Educator, Esq.

Law Educator, Esq.

Attorney

44,066 satisfied customers

JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law

Ellen

Ellen

Lawyer, Consultant

8,238 satisfied customers

25 years of experience helping people like you.

Guillermo Senmartin

Guillermo Senmartin

Lawyer

300 satisfied customers

Principal Attorney at Guillermo J. Senmartin, P.A.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

17,183 satisfied customers

Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.

< Previous | Next >

Related Legal Questions
We have the problem that we're been evicted, we already
We have the problem that we're been evicted , we already answer the summons, but on the other side the manager of this place put a restraining order to my husband alleging assault … read more
Barrister
Barrister
Attorney
42,537 satisfied customers
I need to evict my ex, she is refusing to leave the house.
I need to evict my ex, she is refusing to leave the house. … read more
Legal Eagle
Legal Eagle
Attorney
Doctoral Degree
13,177 satisfied customers
I am beyond scared at this point. For my well being, for my
Hello, I am beyond scared at this point. For my well being, for my daughter & for my financial well being. I recently sold my home & took a rental to get rid of a live in fiancé who I broke it off wit… read more
Bill Attorney
Bill Attorney
law
2,605 satisfied customers
I have a question..i got a final restraining order- my ex is
i have a question..i got a final restraining order- my ex is a subleaser and now he is not allowed to live there....can i cut the lease without him involved? … read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I live in SC and own my home. My boyfriend kinda gradually
I live in SC and own my home. My boyfriend kinda gradually moved in my house over about a months time. He has not paid rent and there is no written agreement about anything. His drivers lisense and ma… read more
Alex Esquire
Alex Esquire
Managing Attorney
Doctoral Degree
153 satisfied customers
I have an elderly friend (82yrs) who has a rental property
I have an elderly friend (82yrs) who has a rental property in Plano Texas. She agreed to allow a younger couple, who she thought were friends, to live in the home rent free for three months in exchang… read more
TexLaw
TexLaw
Attorney
Post-Doctoral Degree
4,347 satisfied customers
I am writing on behalf of our neighbor, a lovely woman in her
I am writing on behalf of our neighbor, a lovely woman in her 80's named Vera. Vera and her daughter have lived quietly next to us in our townhouse complex for over 10 years. My husband helps them out… read more
Ely
Ely
Counselor at Law
Juris Doctor
24,657 satisfied customers
Hello, I have a 30 year old son that we let move back into
Hello, I have a 30 year old son that we let move back into our house to get back on his feet for supposed to be 6 months which was up in Jan 2010. I also have a mentally ill son age 23 with schizophre… read more
LawTalk
LawTalk
Attorney at Law
Juris Doctor
128 satisfied customers
I am a tenant in a commercial building. I have been in the
I am a tenant in a commercial building. I have been in the same location for four years. My current landlord signed the ownership of property over to her daughter in 2000. The daughter reportedly sign… read more
Ray
Ray
Lawyer
Doctoral Degree
33,318 satisfied customers
We are in the early process of evicting an alcoholic, belligerent
We are in the early process of evicting an alcoholic, belligerent Tenant who is 5 months into a 12 month lease and has not paid rent for the last two months. He was up to a month late on every one of … read more
Dave Kennett
Dave Kennett
Doctoral Degree
25,741 satisfied customers
I have a lodger in my house that we suspect stole prescription
I have a lodger in my house that we suspect stole prescription medication from us and after filing for a police report, he has made threats against us. My wife, I, and our newborn are fearful of his t… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
My husband and I con-own a condo together.Over this past sum
My husband and I con-own a condo together.Over this past summer I found out that his mistress was living there and he had her evicted.She has no right to enter, reside and or rent the condon out to te… read more
Tina
Tina
Doctoral Degree
83 satisfied customers
I live in CA and have an 18 year old living in my house. We
I live in CA and have an 18 year old living in my house. We adopted him but not he is of age I would like him to leave. How do I go about it?… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I live in Cook County Illinois and need to know my rights as
I live in Cook County Illinois and need to know my rights as far as evicting a roommate immediately or getting a civil harassment case against him and obtaining a temporary restraining order.… read more
Richard - Bizlaw
Richard - Bizlaw
Juris Doctor
3,770 satisfied customers
Hi. Can I obtain an immidiate order from a judge to evict
Hi. Can I obtain an immidiate order from a judge to evict a tenant because vilent behavior and his roommate not feeling safe? Thank you for your answer.… read more
Dimitry K., Esq.
Dimitry K., Esq.
Attorney
Doctoral Degree
17,183 satisfied customers
I have an almost 19 yr old son, who quit school at 16, and
I have an almost 19 yr old son, who quit school at 16, and was in and out of DJJ for marijuana and spent 6 months in Boot Camp last year. He was going to work in my business w/me but never would, and … read more
Sam
Sam
Attorney
Doctoral Degree
10,701 satisfied customers
I am 41 years old. I have a son who is 18 years old.
I am 41 years old. I have a son who is 18 years old. He has been moved from three different high school for violence. He has been committed to a psych ward because he threatened to kill me and my wife… read more
Walter
Walter
Just Answer Consultant
6,024 satisfied customers
My soon to be ex-girlfriend wants me to leave so her
My soon to be ex-girlfriend wants me to leave so her new boyfriend can move in right away. Dispite the 30 days or so by law I have to vacate the home, she wants to try and make up reasons to file a re… read more
Rose Zapor
Rose Zapor
Attorney
J.D.
80 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x