Legal Question in Family Law in California
Illegal restraining order
I need to file a motion to have an illegal restraining order lifted. I have power of atty. for my boyfriend. His wife left him three yrs. ago to live with her new boyfriend in Burbank. His wife decided she wants to sell the house and all his possessions and business merchandise, so in his absence, she returns to the house he has lived and worked in for 15 years. Prior to his return she has made false claims to the police for the purpose of obtaining a restraining order against him from returning to his own home where she has no intention of living. She only stays until all valuables are removed to sell and returns to her boyfriends house. He is still restrained from his own home and she is at her boyriends. I believe that her restraining order forbids anyone including herself from removing and selling anything. Regardless of this I need to know what form I must fill out to submit a motion to have the restraining order against him from his house (not from her) lifted so he can go home. please advise
2 Answers from Attorneys
Re: Illegal restraining order
This is not a matter of filing out a form. This is a family law matter or a civil partition action. Call me directly at 16192223504.
Re: Illegal restraining order
A motion to set aside the restraining order and request for an accounting of all property taken from the house would possibly be the next step. However, this is a complex area and unless the motion or other action is properly prepared and presented he may be worse off than his is now. With the present value of real property in Califronia it makes sense for him to retain an attorney to represent him in this matter.
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