Legal Question in Real Estate Law in Florida

He's got to go now

Can I do an eviction and restraining order at the same time for someone that refuses to leave my house and is also being hostile? I have a small child and I don't want him subject to his hostility anymore while waiting for the eviction. The house is mine, the child is ours. We have never married and paternity never established. We are currently in the process of a settlement agreement for custody/child support.


Asked on 2/23/09, 1:19 pm

2 Answers from Attorneys
David Slater David P. Slater, Esq.

Re: He's got to go now

You need an action in ejectment and an order of protection. Two different proceedings.

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Answered on 2/23/09, 1:26 pm
Brent Rose The Orsini & Rose Law Firm

Re: He's got to go now

Nothing prevents you from doing both, but the injunction for protection (the "restraining order") essentially acts as an eviction, if you win, since he'll be ordered out of the house as part of the injunction. Plus, the injunction is free.

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Answered on 2/23/09, 2:17 pm


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