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

Andrew Tabashneck Attorney in Buffalo New York

Andrew Tabashneck attorney in Buffalo New York who specializes in Criminal Defense

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.

For more questions, contact Andrew Tabashneck attorney for a free consultation.


Leave a Reply

Fill in your details below or click an icon to log in: Logo

You are commenting using your account. Log Out /  Change )

Google+ photo

You are commenting using your Google+ account. Log Out /  Change )

Twitter picture

You are commenting using your Twitter account. Log Out /  Change )

Facebook photo

You are commenting using your Facebook account. Log Out /  Change )

Connecting to %s