Can I file a suit for unlawful detainer?
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Can I file a suit for unlawful detainer?
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Wife's new boyfriend and her conspired to get me thrown out of my home by calling the police and telling me I was stalking them. WIthout any hearing, I was TRO's from my home and children.
He moved into said home the following day and has been there for a year.
Can I file a suit on him for unlawful detainer? If not, is there any other remedies I have here?
(P.S.: For those of you who just want to bad mouth me, move on to the next question. I've been through enough, thanks.)
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Common
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By definition, a TRO is a "temporary" restraining order - there's no way a TRO could have kept you out of your home for over a year. Generally, a TRO is filed and ordered on an ex parte basis; meaning that you don't get a chance to contest it. That's because the law recognizes the value in getting a restraining order into place as quickly as possible.
However, a TRO cannot last beyond 30 days. At the end of the 30 day period, the court MUST have a hearing to decide whether or not to lengthen the restraining order. And even then, 99% of those orders will come back up for review within a year's time.
Are you certain there's currently an order against you? Call the county courthouse and check. If there is, find a lawyer to contest it. If you can't afford a lawyer, then try legal aid or call the State Bar Association where you live and see if they have a pro bono list you can get on. If you must, contest it yourself and request a hearing.
And if you can prove that the boyfriend did this out of malice, you might have a winnable case against him for fraud or abuse of civil process. |
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