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CalAttorney2
CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10238
Experience:  Civil litigation attorney for individuals and businesses.
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I had a bunch of stuff in my car and the HOA president kept

Customer Question

I had a bunch of stuff in my car and the HOA president kept insisting I needed to clean my car and was supposedly concerned for my well being. I told the officer who met me outside my home I was fine and that I was taking things from my car slowly due to the heatwave and that I worked 12 hour days
The next week cop stopped my on the street several blocks from my home and insisted I let him carry things from my car to my home. When I refused like said I would require a search warrant and that people were concerned that my home might be really messy since my car was. The next day the cops broke into my home with what turned out to be a non valid search warrant. I was ordered to clean my home out or face a Leon on my property and kwi am required to talk with adult protective services. I am a nurse and work 6 sometimes 7 days a week I live by myself and often work 12 hours when I work. I have choice but to do what they say and I have to talk with adult protective service. I don't want to loose my independents with APT. An DC become a ward of the state what are my legal rights with the illegal warrant and with aps
Submitted: 1 year ago.
Category: Legal
Expert:  CalAttorney2 replied 1 year ago.

Dear Customer,

I would recommend retaining a lawyer at this point. If you are working over 12 hours a day x 6-7 days/week, you don't have time to deal with this matter on your own.

You may have grounds to actually sue the city for their illegal entry into your home, and recover your attorney's fees via this civil suit.

The HOA has no right to tell you how to keep the inside of your unit. The HOA can dictate the exterior of your home (they may even be able to dictate how you maintain your vehicle - if it appears unduly messy and impairs the appearance of the association - this would need to be under an interpretation of your HOA's specific CC&Rs, but they cannot dictate how you maintain your interior).

You can find local attorneys using the State and local Bar Association directories, or private directories such as www.AVVO.com; www.FindLaw.com; or www.Martindale.com (I personally find www.AVVO.com to be the most user friendly). Look for an attorney that has experience with civil rights claims against public agencies (look for "42 USC 1983 experience" as a good way to find attorneys with the proper litigation background).

Customer: replied 1 year ago.
Well its getting worse now I was told I have to have an inspection 2 during a 30 day peridot to insure I am making progress and I have to talk with adult protection services on Monday. I am afraid someone is trying to say I can't take care of myself and will push for a court appointed guardian or something. I tried looking for an attorney but none of them seem interested in the case against had. I was told by one attorney that had can do anything they want. Even if the warrant isn't valid. I was also told to talk with I terns affairs. I am really scared about having my mental capacity challenged. They forced me to gI to the ER at which point the DR chewed them out for wasting valuable resources. Just because I am a bad housekeeper this is insane
Expert:  CalAttorney2 replied 1 year ago.

I agree with you, this is insane (and it is abusive).

To deal with the situation, it is probably best to break things down into parts (just as you would with a medical problem for one of your patients at work).

  • With regards ***** ***** APS worker, you can speak with them, they can talk to you etc. but they don't have any right to enter your home without a warrant. You can tell them that you prefer to meet with them at their office, or at some other location if you prefer.
  • The standard for a guardianship or a conservatorship is that you are unable to care for yourself. You hold down a job, you feed and clothe yourself, you have a roof over your head. There isn't a basis for a court to order a guardianship. The APS worker can report that you didn't want to meet with them at your home, or that you refused to permit them an inspection, but that isn't your problem that is their's - it doesn't mean you cannot care for yourself.
  • With regards ***** ***** invalid warrant, I would follow up with internal affairs, most police departments have an officer or public service liaison that is responsible for dealing with complaints. File one with that person.
  • Just as with your patient care - document everything, and keep records. If you talk to someone by phone, follow up with a "confirmation letter" - a letter to the person you talked to that documents what you talked about, any agreements you reached, etc. Keep a copy.
  • With all of this going on, it may be best to start making inroads on getting your home cleaned up (while I don't think that a judge is going to issue any sort of warrant - I wouldn't take any chances, and it is going to be easier (and cheaper) to have the house cleaned (even if you have to pay a cleaning service) than it will be to have to lawyer up and fight these people (once again I do not think you are legally required to do this, I am just giving you a practical piece of advice here on how to deal with this with as little impact on you as possible - I want you to be able to resolve this with as little further emotional trauma as possible, and if hiring a cleaning service is the easy way to do it, that may be worth it, but this is a choice, not a legal requirement).
Customer: replied 1 year ago.
Is this criminal or civil situation
Expert:  CalAttorney2 replied 1 year ago.

This would be dealt with in civil court.

Customer: replied 1 year ago.
I would not have a criminal record because of this
Expert:  CalAttorney2 replied 1 year ago.

No, this is not a criminal issue at all (my apologies, I thought you were asking about your claims against the police etc. - but no, you don't have any basis to worry about a criminal complaint against yourself for this matter).