Can a restraining be filed against me to where I cannot enter my house? 8 Answers as of April 04, 2011

My girlfriend who lives with me, says she filed a restraining order against me and that I cannot go around her. Only I own the house we live in and she states shes not leaving and I cannot go there. Can she do this?

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Law Office of Peter F. Goldscheider
Law Office of Peter F. Goldscheider | Peter Goldscheider
She can file a restraining order against you keeping you away from where she lawfully lives. If it is your home you will need to evict her via legal means since her house is apparently her lawful residence. Once she no longer has the legal right to live in your house, then you can move back.
Answer Applies to: California
Replied: 4/4/2011
The Law Office of Harry E. Hudson, Jr.
The Law Office of Harry E. Hudson, Jr. | Harry E. Hudson, Jr.
Regrettably yes until the court date. You might want to contact an attorney to initiate legal proceedings to terminate her residency.
Answer Applies to: California
Replied: 3/30/2011
Law Office of Tracey S. Sang
Law Office of Tracey S. Sang | Tracey Sang
Yes, mostly she can. At this point it would depend on whether the girlfriend is legally in the house. If not, then you need to evict her so you can go home. If she is a legal tenant then you may only go to the house if you are sure she isn't there.
Answer Applies to: California
Replied: 3/30/2011
Nelson & Lawless
Nelson & Lawless | Terry Nelson
Can it? Sure. Can you oppose and contest it in court? Sure. But, her simply telling you she did this does not mean it is true. You have to be officially served with the court orders for it to be effective upon you. That is generally done by the Sheriff or Marshall. If you havent been served, now is the time to resolve your relationship and protect yourself. If you are serious about hiring and getting legal help in this, feel free to contact me.
Answer Applies to: California
Replied: 3/30/2011
Law Offices of George Woodworth & Associates
Law Offices of George Woodworth & Associates | George Woodworth
If this is a California Restraining Order lawfully issued because of your alleged violence against her, it is quite possible. However, a good defense Attorney can fight this for you on the basis that she did not give you proper notice of the Court action before the Order issued, or to contest the allegations of violence the Order is based on. Get a good lawyer!
Answer Applies to: California
Replied: 3/30/2011
    Law Office of Andrew Roberts
    Law Office of Andrew Roberts | Andrew Stephen Roberts
    She can do it and you can fight it. Obviously you both cannot live in the house. The court can issue temporary orders. A hearing will be had to determine final orders. You need an attorney to protect your interests.
    Answer Applies to: California
    Replied: 3/29/2011
    The Law Offices of Christopher J. McCann
    The Law Offices of Christopher J. McCann | Christopher J. McCann
    Yes, oddly enough, she can. You need to immediately hire a lawyer to "evict" her from the house. Yes, evict your own girlfriend. Have a lawyer do it so you won't look like you are violating the order by harassing her. You have a legal right to do this, but you should do it as "legally" as possibly by hiring a lawyer. Generally, you must give 30 days notice, so act quickly. You'll have to go to court and go through the eviction process if she doesn't leave first, and it is legal to be near her at the courthouse for that purpose only. You can also have a lawyer contact her on your behalf (no other 3rd party but an attorney may do this), to ask her to leave voluntarily, or at least allow someone to come get some of your things in the meantime.
    Answer Applies to: California
    Replied: 3/29/2011
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