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Ask Ely Your Own Question
Ely, Counselor at Law
Category: Real Estate Law
Satisfied Customers: 102379
Experience:  Qualified attorney in private practice including business, family, criminal, and real estate issues.
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I live in the state of Ohio my ex girlfriend has a

Customer Question

I live in the state of Ohio my ex girlfriend has a protection order against me that grants her exclusive custody of the premises I have a lien on the property a mechanic's lien for the work that I've done because the property was in distress and it had to be brought up to and a habitable conditions I want to know that since he has his protection order on me granting her exclusive rights to the property and I am not to interfere with their her possession of the property such as shutting off Utilities close on my mechanics lien they have served me with a notice to commence suit which gives me 30 days or 60 days for my mechanics lien gets dismissed I want to know if it will be illegal for me to come in soon or will I be in violation of the protection order?
Submitted: 11 months ago.
Category: Real Estate Law
Expert:  Ely replied 11 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.

I am sorry to hear about this situation. It would be a violation to break the restraining order, even if one attempts to come in for purposes of the lien matter. Ergo, someone in your situation has two options:

1) Go back to Court and ask the Court for a modification of the restraining order, allowing one to come in for the lien matter (if the Judge agrees, then they may create a window where she would be absent); or

2) Commence suit on the matter in general. Going to court and the other party being there is not considered a breach of a restraining order, generally.

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