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Ask Michael J, Esq. Your Own Question
Michael J, Esq.
Michael J, Esq., Lawyer
Category: Family Law
Satisfied Customers: 3459
Experience:  Licensed Attorney - represented hundreds of clients in criminal cases, family law disputes, traffic issues, and general legal issues. Youth Court Prosecutor.
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Re: Temporary Order for Protection filed by defendant after

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Re: Temporary Order for Protection filed by defendant after plaintiff's Order for Protection (tit for tat)

I understand that courts tend to grant TEMPORARY orders for protection for the 2-3 week period before an Order for Protection hearing without much scrutinizing of evidence presented by the plaintiff.

In my case, I petitioned and SUCCEEDED in getting an Order for Protection last summer against my crazy/violent/alcoholic/vindictive ex for one year. My fear is she'll file a bogus petition for temporary order for protection as a tactical move to have me evicted from my house so she can take whatever items she wants out of it during that temporary period and not worry about showing up at the hearing 2-3 weeks later.

1) If she went ahead and petitioned for a bogus temporary order for protection, would a court check to see if there were any existing orders against her by me and reject her petition...or do they typically not check for existing orders?

Also...
A few months ago, we both signed a settlement agreement that includes me getting sole ownership of the house, but she's delayed signing a Quit Claim Deed for months.

2) Does the court verify a plaintiff's rights to/ownership of the property before proceeding with an eviction order of the defendant from that premises (ie. if I had her Quit Claim Deed registered, would that in itself prevent her from having me evicted from the house, regardless of any existing order for protection I had against her)?

SoloLawyer :

Hello - Thank you for contacting JustAnswer. My name is Michael; I look forward to helping you with your family law problem today.

SoloLawyer :

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.

SoloLawyer :

I hope this answers your questions, let me know if I need to follow up with any clarification.

Customer:

For #2, does the judge verify ownership before approving an eviction notice?

SoloLawyer :

Yes. She can not evict you from your own home.

Customer:

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?

Customer:

What can I do to protect myself?

Customer:

to prevent this from happening

Customer:

Just avoid service by the police...and if so, for how long?

SoloLawyer :

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.

SoloLawyer :

In any case, a judge would know because she would have to prove she has the rights to the home. Which she doesn't.

Customer:

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?

SoloLawyer :

At that point, you would show the settlement.

SoloLawyer :

A hearing allows both parties to present their evidence.

Customer:

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.

SoloLawyer :

She can not have you evicted from your home without a hearing.

SoloLawyer :

At any eviction hearing you would present the settlement.

SoloLawyer :

But again, you can't evict you from your own home.

SoloLawyer :

So that is a moot point.

Customer:

OK...I have to go. I may ask some more questions.

Customer:

Thank you for the info you've provided so far.

SoloLawyer :

If you valued my time, I'd appreciate a rating.

SoloLawyer :

You can always come back and ask more follow up questions.

Michael J, Esq. and 6 other Family Law Specialists are ready to help you