Legal Question in Criminal Law in California

My partner and I of 9 years have separated. We are co-owners of a property at which he resides. We still see each other on occasion and this is when he allows me to "visit" and "sleep" over. I have, on ocassion stopped by unannounced to say hello, drop off/pick up things. I did stop by late one evening and this upset him. He told me that he was gong to file a restraining order against me. Can he do this seeing that it is my property as well? I am not posing a threat, he is allowing me to come over per "his" schedule only.


Asked on 12/10/10, 12:31 pm

1 Answer from Attorneys
Anthony Roach Law Office of Anthony A. Roach

I don't understand why you posted this under Criminal law.

He could get a restraining order against you, that would keep you away from the property that you coown, under the Domestic Violence Protection Act (DVPA). I suggest you review that act, codified in Family Code sections 6200, and following. If he gets the order, I suggest you consider a partition of the property, most likely by sale.

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Answered on 12/15/10, 4:16 pm


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