Does the Court Protect Someone by Kicking Them Out of Their House

[night train]

My question involves restraining orders in the State of: California
I was granted a 5yr restraining order against my girlfriend. A week later her dad called me and said I had to be in court in 45 minutes. I couldn't make it to court, and she got the order ammended to say I had to vacate the home that we own and occupy together! There was no explanation given. What can I do?

[aardvarc]

The first issue is figuring out why you weren't present to argue against the amendment. If you were improperly served, that may be one avenue of recourse. How did dad know you needed to be in court?

[night train]

In my business I fabricate and service tooling for manufacturers. I am sole owner and operator and have no employees. In this economic climate there is less work available, and I have one customer from which I am getting 80% of my work, and who have more for the coming months, if I can be available to them when they need my services to keep a production line going. All this drama with my home life has severely hampered my production. I need to make money and the prospect of more work.
I had a job that my customer needed asap when I received the call about the hearing. I had a discussion with my customer and he told me he had already given another job I had quoted to someone else because he didn't know if I would be here to do it, and if I wanted to get more work I would have to assure him I would be there to do it.
My girlfriend is getting advice from an attorney who is a long time friend of her family and lives close by her dad. I'm sure they purposely called me on short notice knowing there is a good chance I would be predisposed, and, knowing that I don't have a driver's license, would have to get transportation.

[asdun]

You may have to get an attorney but this does sound unfair since you weren't properly served.
Yes, a restraining order can kick you out of your house. My ex husband was facing criminal charges for his attempted murder and I (the victim) had just gotten out of the hospital from his injuries. 2 am in the morning while it was 2 degrees above 0, two cops threw me out of my own house because my ex went to civil court and filed a restraining order on me. I had to wait 2 weeks until the hearing to get the order removed. I've suffered PTSD ever since.

[Dogmatique]

We don't know that he wasn't properly served....