Can I get my abuser thrown out of our house?
Yes. If the judge decides that there is reason to believe physical abuse will occur, the plaintiff may be granted exclusive use of the home in an Order of Protection. However, the order only applies to the defendant.
If the plaintiff and defendant are renting and the plaintiff is NOT on the lease, the landlord does not have to allow the plaintiff to stay in the residence if they are not on the lease. However, if the plaintiff IS on the lease, the landlord may not evict them for a domestic violence incident.
NOTE: The court may allow the defendant to return one time to the residence, with a law enforcement officer, to retrieve personal belongings.
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