Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.
1) The temporary order being granted immediately is a safety issue. The Judge will not look to see if there are existing orders when he makes the temporary order. 2) She can not have you evicted from your home if you are the owner. However, this is wholly separate from a Protective Order. If she did file, the fact that the home is "yours" pending her signing of the Quit Claim would certainly be an issue. The Judge is not going to force to you leave a home/allow her to stay in a home that is no longer hers.
I hope this answers your questions, let me know if I need to follow up with any clarification.
For #2, does the judge verify ownership before approving an eviction notice?
Yes. She can not evict you from your own home.
How would the judge know it in my case if the deed is still in her name and unaware that she's agreed to signing over the house but hasn't signed a Quit Claim Deed yet?
What can I do to protect myself?
to prevent this from happening
Just avoid service by the police...and if so, for how long?
If she files an eviction against you? That's not a probable outcome here. She can't evict you from your own home. You own it.
In any case, a judge would know because she would have to prove she has the rights to the home. Which she doesn't.
What if she presents the deed with her name on it, but conveniently doesn't show the divorce settlement agreement where she agrees to sign over the house?
At that point, you would show the settlement.
A hearing allows both parties to present their evidence.
OK...I'm not concerned about the hearing...I'm concerned she'll have me evicted from the house BEFORE the hearing. By then, it's too late.
She can not have you evicted from your home without a hearing.
At any eviction hearing you would present the settlement.
But again, you can't evict you from your own home.
So that is a moot point.
OK...I have to go. I may ask some more questions.
Thank you for the info you've provided so far.
If you valued my time, I'd appreciate a rating.
You can always come back and ask more follow up questions.
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