If I was given an emergency protective order to stay away and move out immediately, we have half of the estate and inheritance, what is my right? 1 Answers as of May 02, 2017

My brother has decided to fight me for our inheritance. I have been living with and taking care of my grandparents for 5 years now, my grandpa passed last year and my grandmother is on her way out. My brother took it upon himself to call the cops and say I was abusing my grandmother. They barged in my house and arrested me for harmful/death of an elderly (I would never harm the woman who raised me) he has since put her in a hospice and declared her incompetent. I was given an emergency protective order to stay away and move out immediately. The order was only for 5 days. My grandmother is not at the house and my brother has changed the locks, but he has never lived there and that has been my place of residence for the last 5 years and as a child. We are both in the trust to obtain 50/50 of estate and inheritance. Do I have the right to stay there? Would it be breaking and entering due to the fact that he changed the locks? Was he allowed to change the locks? Although I was served a protection order it was only for 5 days and no other orders have been filed, do I have the right to live in my own home? How do I go about getting the charges dropped for they are irrelevant and untrue?

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Law Office of Jeff Yeh
Law Office of Jeff Yeh | Jeff Yeh
You need to hire a lawyer. Prosecutors will never drop charges just because the charges are made up, because there is no way for them to know that. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are also very suspicious when victims say everything's fine or recant. You really do need to shop for a lawyer.
Answer Applies to: California
Replied: 5/2/2017
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