My question involves restraining orders in the State of: hello guys I just realized something VERY alarming.!!
I got served with a PFA order after I gave my elderly mother an eviction letter. I for the past four years gave my mother a place to live rent free. I finally decided the home was to far dilapidated to let her maintain in at her age safely. My mother " now disgruntled" then gave my sister power of attorney to help her dispute my disicion.
The first thing they did was file for a PFA on the grounds of elderly abuse. After I was served my sister ran to the property and started covering everything up. Such as painting, lenolium flooring virtually anything to contest the eviction etc.
Now the lawyers and judge regarding the PFA, lagged out my court date 6 months. After court the PFA was upheld on the grounds that I put up a barrier preventing people from driving the vehicles on the yards or pulling up to the mobile home next door that i use for storage. It was literally twelve steps to the porch and there was still open walk ways and a double access gate to the front. The judge said I was no threat physically verbally it. I explained during court that I was instructed to put up the barrier by an attorney and local detectives that handle land and elderly issues. I was never asked to remove the barrier from any law or official prior to court.
Now here is the totally scary! I am the owner of the property on which are two homes, one frame and one mobile on one acre. In the PFA it's ruled I can not transfer, convey or even enter on my own property for a period of one year. I can not evict her and have no option to vacate my property. I am not allowed to maintain my property or homes. I have no way of knowing if they are being destroyed or vandalized. I have no idea if it is succumbing to the elements. I still have to pay taxes and still legally responsible for the property. I can not impose rent and even if I did, what happens if they refuse to pay as I can not evict.
So basically the judge seized my property with no reason! He ruled I have to give her a place to live for a period of one year.
Seems to me if the PFA was to upheld in ANY FASHION she would be asked to move in order for us to cut financial and legal ties.
According to my attorney I have no options and basically up a creek.
This is a sad day when a judge can sieze your property and still make you legally liable and financially liable for loss while doing it.
This all happened in Alabama!
If anyone had any legal advise or suggestions I'd love to hear them!