questions & answers

Question: I'm dealing with an illegal lockout, I reside in a nycha housing with my 83 yr old father and I have 4 people living in my house that's not on the lease. They locked my out from my residence and been taking my dads money, me and my dad are the only 2 that are on the lease.. A friend of mine told me I needed to go to housing court and I did that on 3/6/2015 the judge ruled in my favor, but when one of the occupants that are living in my apartment went and filed a partition against me of an order if protection stating I threatened my father and I can't be in the household.

Answer: In Arizona, an Order of Protection is a very serious matter, is often issued by the Court very quickly and can have wide-reaching consequences, including forcing a person from his home, even with an ownership or lease right to occupy the property shared with the Protected Person. [ARS Title 13, section 13-3602]. The Order of Protection takes effect upon proper service on the defendant (person against whom it is filed) and expires one year later. If a Petition for Order of Protection is filed by a third party, and the defendant has the opportunity to defend him/herself prior to the Court’s decision, he/she should do so, with legal assistance. After the Court issues the Order, the defendant can file one written request for a hearing. If forced to leave his/her residence, the court will set an expedited hearing date. Again, legal assistance is highly advisable. [See http://www.azlawhelp.org/legalaidlisting.cfm]