Legal Question in Family Law in California

Re: restraining orders

It sounds like you need to retain an attorney now. She can get a temporary restraining order without appearance and within a very short period of time you and she will have to appear to pursue and defend against this. If kids are involved, the judge will allow kids and care parent to remain in house and other move out if violence. Unfortunately, in domestic matters, lies are not uncommon. Just make certain you do not affect a court's actions by actually committing any bad or perceived bad acts. Call to discuss 800-685-6950 Don Holben

Re: restraining orders

I agree with Mr. Holben, but the facts you gave asserted there was no violence, so I will give you the answer on the basis that you will not be confronting lies. She cannot have you removed just because she asserts she wants you out and nothing more. Even if a divorce, parties are normaly entitled to continue residing together until it is final, unless someone affirmatively seeks an order removing the other and asserting some kind of danger, etc. But, he is right, the danger here is that she is planning to make up a tall tale about what you did and, if she does, she could get a temporary order removing you until a hearing is held. If you are served with such an order, the police will insist you leave immediately or be arrested. So, you need to find a place you might be able to stay until the hearing. And, by all means, consult a lawyer now.