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  1. #1
    Join Date
    Apr 2019
    Posts
    2

    Default Barred from My Own Home by a Protection from Abuse Order

    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!

  2. #2
    Join Date
    Oct 2006
    Posts
    15,210

    Default Re: Very Scary Pfa Ruling

    You could appeal the ruling if that makes financial sense. You could ask the housing inspectors to inspect the home. If they condemn it then your mother would have to move out.

    However, I suspect that the judge ruled against you because you were trying to evict your elderly mother and did things that hinted at self help eviction, which is a huge no-no. Had you simply filed for eviction in court, and explained to the judge that you were doing so because the house was not in habitable condition and it wasn't safe for your mother to continue to live there, then things might have gone differently.


    Out of curiosity, where did you expect your mother to go? Does she have the money to rent another place and still be able to live decently?

  3. #3
    Join Date
    Apr 2019
    Posts
    2

    Default Re: Very Scary Pfa Ruling

    #1 no I did not self help... I served a notice outlining "why" I was asking her to move. This came after her health started failing and the home was not fit for her or anyone else. In Alabama you have to serve a 7 day notice first before you file eviction with the court. After I served her with notice I was served with a PFA to stop the process.

    #2 I retained a lawyer even though I feel like now I would have done much better on my own!

    #3 I did offer her a much better residence to live in that was remodeled. It was a mobile home but very nice and modern. New central unit, all new doors, hardware, toilets, flooring, tubs, etc. However, in Alabama we have tons of assisted housing based on income. We have free housing based on income and age!
    She also has three daughters that she could live with also.

    None of this should matter! The scary is that a judge is clearly abusing power to "sieze" my property while still holding me financially and legally responsible in the same breath. A judge is basically taking my rights to my own property away! Theft, burglary, vandalism and down right deterioration without my maintenance upon the land.

    Law should be black and white. No matter if it's a black person, a white person, male or female. The law should apply the same.

  4. #4
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,844

    Default Re: Very Scary Pfa Ruling

    Your attorney was in court with you and is familiar with both the evidence presented in court and the details of the judge's ruling. We are not. Your attorney is thus vastly better positioned than anybody here to advise you about the effect of the order and your options going forward.

    If the court did not know that you would be barred from using your own separate manufactured home as a result of the order, particularly if it is your residence, it's something that may cause the court to revise the order upon reconsideration. But if the court knew that would be the effect, your options will be more limited and you may have to attempt an appeal if you want to regain access before the order expires.

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