Q: How do i fight a protection order that doesnt even have my name right. Its a totally different last name &mispelledfirst
My fiances aunt falsely accused us of threatening her and didnt get any of my info right. She has mental health issues and doesnt pay rent at all yet she lives with us and got us immediately removed. Am i allowed to go back to my and his house because of that? How is it she is allowed to stay in our home when she pays nothing on rent
A: File a request for a hearing in the court that issued the Order of Protection. The Aunt has the burden to prove her allegations against you.
While I am not able to give you legal advice, I can provide information to help You. You can request a hearing on the Order of Protection or Injunction against Harassment.
If you do not want her living there, but do not have a lease, I recommend you give her notice, in writing, certified mail, return requested (keep the return document) that she has 7 days to remove herself from the home.
In fighting the Order of Protection, you need to let the Court know that you live there, so any order would need to be tailored to the fact that you live in your home, such as keeping you from entering her bedroom.
The 2018 Rules of Order of Protections are found at azcourts.gov, under Rules.
If you have additional questions, please contact me at 602-561-8107..
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.