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Kicked Out by My Sister, Who Falsely Claimed She Had a Restraining Order

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  • 12-03-2015, 12:46 PM
    Matthew Wood
    Kicked Out by My Sister, Who Falsely Claimed She Had a Restraining Order
    My question involves restraining orders in the State of: California

    Hello. I went out of town for a few days. On my last day there, my sister messaged me and told me she had filed and been granted a restraining order against me and that all of my belongings had been put into storage and I was not permitted to go back there, where I have resided for two years.. A family house, left by my grandfather.

    I called the courts, intending to contest the order against me, only to find out that she made it all up. My question is how do I best go about going back into my home, when I no longer have my keys, and I wish to ensure a drama free and quick "getting in"?

    Really weird situation, she pulled a lot of dirty tactics. I have no interest, at least at the moment, to have her face her own legal battle, but if I do decide she deserves it, at a later date, what courses of action, other than a civil suit, would I have against her? And can I somehow use this attempt as some type of "blocker' in case she tries some other dirty tactic against me?

    Thank you, I appreciate the help cause I cannot find any information, doing a browser search, that would help me.
  • 12-03-2015, 01:38 PM
    Mr. Knowitall
    Re: Kicked Out by My Sister, Who Falsely Claimed She Had a Restraining Order
    As you have shared no relevant facts with us, it's impossible for us to tell you if you were unlawfully evicted or if your sister ended your status as, say, a house guest who overstayed his welcome or ended a single lodger relationship. Unless and until you choose to share with us such basic facts as who owns the home or whether you paid rent, nobody here is going to be able to analyze your rights.
  • 12-03-2015, 03:41 PM
    Matthew Wood
    Re: Kicked Out by My Sister, Who Falsely Claimed She Had a Restraining Order
    Hi. Thanks.. I have had legal residence there for two year. She doesn't even live there. But I don't think that matters, anymore, because the case was "suddenly" found by a court clerk. She said it didn't appear on any other record searches because it went up to the judge and will stay there until the hearing, on Tuesday next.

    But the thing is, i am unable to see what it says, all she gave me was a paper with a case number and stating it is a temp dv-110. Everything else is abbreviated and makes no sense, to me. When searching the county court website for the case number, it results with a case link but when clicking on it it is an empty page.

    Shouldn't I be able to see exactly what is being said against me before I have to show up at the hearing? Thanks for earlier reply, that info would have been just as helpful as the eventual answer......

    - - - Updated - - -

    Also, so, IDK wtf is going on, but I am the developer of the number one rated desktop interface software, on the planet, on the largest strictly freeware site on the net, for three years straight. I am an engineer in two separate fields. I am incredibly gifted in, both, logic and technology..

    But I cannot make a fn THING out of the Sonoma County, CA family law website. I swear, it appears as though they, LITERALLY, designed this thing in order to make it difficult to access the information needed to mount a fair defense... NO other website has ever stumped me, for even a moment. I cannot make heads or tails of this thing. There is NO way that that is a coincidence, period.

    All I am trying to do is see wtf is going on and with how it stands, now, I am just to accept not knowing or what to properly put in my response to the complaint,?????? Help me Obi-One of you, I beg, thanks
  • 12-03-2015, 03:43 PM
    Mr. Knowitall
    Re: Kicked Out by My Sister, Who Falsely Claimed She Had a Restraining Order
    Quote:

    Quoting Matthew Wood
    View Post
    I have had legal residence there for two year.

    As in, you pay rent? As in, you're a long-term house guest who overstayed his welcome?
    Quote:

    Quoting Matthew Wood
    She doesn't even live there.

    Then why would a restraining order be relevant to that address?
    Quote:

    Quoting Matthew Wood
    ...it went up to the judge and will stay there until the hearing, on Tuesday next.

    Then you should consider retaining a lawyer to represent you at the hearing.
    Quote:

    Quoting Matthew Wood
    Shouldn't I be able to see exactly what is being said against me before I have to show up at the hearing?

    If it's an ex parte hearing, then no. But if it's not, you should be served prior to the hearing. Your lawyer can review the matter and clarify your rights.
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