Ask a Buffalo Lawyer: Can my roommate get a restraining order against my boyfriend in family court?

Buffalo Criminal attorneys may file a petition for an order of protection in family court

Restraining orders can only be obtained in Erie County Family Court if the opposing party is family member

Under New York law, your roommate’s criminal lawyer cannot file an order of protection through family court because there is no family relationship between your boyfriend and your roommate. However, your roommate could file a complaint with the Buffalo Police Department. At that point, it is within the discretion of the Erie County District Attorney and the Judge to determine if the order of protection will be granted, as well as what level is appropriate. The level of the order of protection would depend on the facts of the criminal case.

Without any such order of protection, your roommate’s criminal lawyer does not have a right to prevent your boyfriend from entering the residence.  As part of your lease, you have rights as a tenant and you can certainly exercise such rights or hire a criminal defense lawyer to protect such rights on your behalf.

As an aside, it is important to consider, however, that regardless of the law, it is probably best to try to come to some sort of a compromise with your roommate. Because the law does not remedy all evils, your roommate may have enough wiggle-room within the law to make your life miserable.

lawyers in buffalo may file for an order of protection in erie county family court where both parties are family members

Criminal cases are quite complicated. If you are facing criminal charges or in the middle of a criminal case, contact a criminal defense lawyers buffalo ny,  criminal lawyer buffalo ny, or  criminal defense attorney buffalo ny

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