Legal Question in Real Estate Law in California

Re: Eviction/Temp. Restaining Order

Normally it would not be right to grant her a restraining order against you in your own home - I dont know if it was properly done. If it is valid, you may want to try to nullify it, but it should hopefully expire shortly anyway. I would hire an attorney immediately to write her a letter telling her of the consequences if she does not comply with your wishes, e.g. being sued for a host of damages in addition to eviction which might make it harder for her to find a new place. If you write the letter yourself she might not take it seriously. If she would get a TRO against you in your own home, there is no telling what she might do.

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Re: Eviction/Temp. Restaining Order

You can still evict her since she is a tenant. Did you serve a 30 day notice if she does not pay rent? How long has she lived there? It may require a 60 day notice if rent is paid. Please contact me if you have any questions or want to commence eviction proceedings.

Re: Eviction/Temp. Restaining Order

Although you did not state in your question that the restraining order was a domestic violence restraining order, it would appear that this is such an order. If this is a dv restraining order then the act of evicting her could be construed as a violation of the restraining order. That would result in your arrest and jail time. You should retain an attorney with experience with dv restraining orders.