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My mom and I own a home and recently my mom was granted a…

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My mom and I own...
My mom and I own a home and recently my mom was granted a temporary restraining order that states my ex-boyfriend can not remain in our home and he can not be near me, my mom or our 4 year old son until the court hearing? Can he be allowed to move back in if the judge drops the restraining order? I prefer he does not return. We live in CA.
Submitted: 6 months ago.Category: Consumer Protection Law
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Answered in 5 minutes by:
1/4/2018
Consumer Protection Lawyer: Barrister, Lawyer replied 6 months ago
Barrister
Barrister, Lawyer
Category: Consumer Protection Law
Satisfied Customers: 42,611
Experience: Attorney,17 years experience in consumer protection areas
Verified

Can he be allowed to move back in if the judge drops the restraining order?

.

If he is currently a tenant in the home, and is only prevented from returning by the restraining order, the yes, he could return if the RO is dropped or dismissed by the judge.

.

So if you don't want him to return permanently, you need to either get the RO converted to a permanent one at the hearing or go ahead and give him a written notice to terminate his tenancy and then evict him through the courts..

.

If he just wants to move and not get evicted, he can arrange with the local sheriff for an escort to the house to get all his stuff and he wouldn't be in violation of the RO..

.

.

thanks

Barrister

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Customer reply replied 6 months ago
Thank you for responding. Can we do an emergency eviction, meaning a 3 day eviction notice instead a 60 day move out notice ? He’s been living in my home for over 2years.
Consumer Protection Lawyer: Barrister, Lawyer replied 6 months ago

What are your grounds for the 3 day notice? Is he in violation of a term of the oral lease agreement?

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Customer reply replied 6 months ago
He has made threats that he will not move out the home without our 4 year old son and the only way he will leave is in a body bag. He has also been verbally abusive to my mom and has threaten to sue us by lying and saying he was injured in the home
Consumer Protection Lawyer: Barrister, Lawyer replied 6 months ago

You could claim that he has created disturbances in violation of the oral lease agreement under (CA Civ. Procedure Code §§ 1161(3)). and give him a 3 day notice based on that. I can't say if it would hold up in court if he challenged it though..

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Consumer Protection Lawyer: Barrister, Lawyer replied 6 months ago

Hello again,

.

I just wanted to touch base with you and check in.

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Did you have any further questions I can help with?

.

.

Thanks much

Barrister

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