Legal Question in Family Law in California

Restraining order

I have a 3 yr. restraining order on my hubby. His lawyer served a paper on me-I have to leave the house this wk end or they will make me. They can't do this unless they file a petition and let me rebut.Correct?PD can't kick me out when there is a restraining order can they?


Asked on 11/14/02, 10:06 am

2 Answers from Attorneys

E. Daniel Bors Jr. Attorney & Counselor At Law

Re: Restraining order

Dear Inquirer:

Nothing herein shall create an attorney-client relationship, unless a written retainer agreement is executed by the attorney and client. This communication contains general information only. Nothing herein shall constitute an attorney-client communication nor legal advice. There likely are deadlines and time-limits associated with your case; you should contact an attorney of your choice for legal advice specific to your personal situation, at once.

If you haven't already done so, please visit my

web site at --

http://home.pacbell.net/edbjr/ OR

http://www.CaliforniaDivorceAttorney.com

The site contains quite a bit of general information about California Family Law, Tenants' Rights, and Juvenile Dependencies, as well as information about me (education, experience, et cetera) and my office (location, hours, fees, policies).

NOW, IN RESPONSE TO YOUR INQUIRY --

The facts that you have provided are not clear

enough and/or complete enough to provide a

definitive answer to you inquiry; however, I would say that one order has nothing to do with the other one, and normally you would be required to be given notice and opportunity to be heard on the "kick-out order"(but sometimes this fails to happen with regard to ex-parte orders).

Thanks for sharing your interesting inquiry with us on LawGuru, and good luck with your case.

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Answered on 11/14/02, 8:02 pm
Brian Levy, Esq. Law Office of Brian Don Levy

Reply: Restraining order

There is no way to answer your questions without having access to the underlying paperwork. I suggest that yonsult with an experienced family law lawyer without delay.

Good luck to you!

Brian Levy, Esq.

www.calattorney.net

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Answered on 11/14/02, 11:15 am


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