Legal Question in Real Estate Law in California

Re: Landlord -Restraining Order

Some necessary facts seem to be missing from your question. My guess is that a domestic violence restraining order is involved here, although there are other possibilities. The order may have the effect of evicting one of the partners, but its purpose is to prevent violence or the fear of violence.

The unlawful detainer, if there is one, is a somewhat separate matter.

Restraining orders ordinarily require notice and opportunity for a hearing for the person being restrained, at least in order for them to become permanent. Such a hearing would give the person restrained an opportunity to hear the charges of violence upon which the order is issued and an opportunity to refute the charges and otherwise address the judge. An order without such a hearing is ordinarily limited to a short time.

Above all, restraining orders should be obeyed, even if you think they are improper. The penalties for disobeying a court order such as a restraining order are severe, and can remain in place even if an appellate court later decides that the lower court improperly issued the order.

The person threatened with the restraining order may be entitled to free legal assistance. Ask the family law clerk or public defender's office at the courthouse whether such free legal service is available in this matter.