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  1. #1
    Join Date
    Jun 2014
    Posts
    1

    Default If I Have a Restraining Order Against Someone Can I Evict Them

    My question involves civil rights in the State of: Los Angeles, CA

    Hello, I was recently assaulted by my aunt and cousin and received an orbital floor fracture along with a nasal fracture by my male cousin. I confronted his mother about scratching up my car and changing my mailing address she then called her son (cousin) and he socked me 3 times on the eye causing injuries. I made a police report and got a restraining order against both of them. The restraining order was granted for a year ( until April 2015), the restraining order says they cannot be near me or my mother, brother and sister for 5 yards. However, they live in my mothers property and I always see them and they are always walking near my car. My mother and I do not want them there whatsoever but my dad insist that he cannot ask them to move because they helped him pay for the house a while back. It is affecting my psychological health and I do not feel comfortable that they still live there after what they did to me. Can my mother get an eviction notice an ask them to move out?

    The house is under my mothers and fathers name. My aunts name is nowhere on the property papers. Will my mother be able to get an eviction notice so they can move out ? and will the restraining order make it more easy to attain? Also I was thinking of going back to court and asking the judge if they can ask them to move out? Is it too late to make changes on a restraining order?

    I also want to know what the process is for getting them to move out?

    I would greatly appreciate a response. Thank you.

  2. #2
    Join Date
    Apr 2009
    Location
    Somewhere near Canada
    Posts
    35,894

    Default Re: If I Have a Restraining Order Against Someone Can I Evict Them

    Well, you can't file anything or ask the court to do anything about the tenants but your parents can read this: http://www.courts.ca.gov/selfhelp-housing.htm

    California is very helpful to pro se (representing yourself) litigants - have them read that page.

    The problem I'm seeing is that your parents are at odds about the situation. If Dad won't kick 'em out, there isn't much Mom can do.

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