The magistrate's opinion with respect to the parties involved in the request for a temporary protective order has no bearing on who of the two parties can live in the shared apartment and be left on the lease. The reason is that such a decision would impact the landlord of the rental and the landlord is not and most likely does not want any involvement in the domestic dispute that you are writing about.If both parties involved in the domestic dispute are on the rental's lease, they both are obligated under the lease for payment to the landlord.I suggest that you consult with a family law attorney who also practices landlord tenant law to further help you in your matter which is the subject of your question.