Q: Is the Restrained person in a DV - TRO in Contempt if they serve a Notice to Quit & move out to a Protected person?
Oct 15, 2020, a Restrained person in a DV - TRO (Domestic Violence Temporary Restraining Order) has served (via separate Lawyer from DV-TRO ) a written 30 day "Notice to Quit & move out (deliver up the possession) to a Protected person via the DV - TRO.
DV - TRO states that the Protected person may stay in the residence until at least December 9th, 2020 when the next court date is.
Judge stated that Restrained person may still sell the home but Protected person has the right to live in the home until next hearing.
Judge stated the Restrained person may enter home Mon - Fri 1-5PM to gather possessions and use office space in one of the bedrooms.
Background, Restrained person owns house and both have lived there since 2015. Both are also business partners.
DV-TRO has all standard No Contact, 3rd Party and no threat, etc........
View is this is a threat and intimidation and is a Contempt of Court.
A:
Hmmm, you need to discuss this with your DV attorney or get one if you don't have one. You are telling two tales here. First you say the Restrained Person (RP) served you with a "Notice to Quit" and then you say that they did it through a different attorney. Well, either they did it or the attorney did it. If the attorney did it, there is no foul, at all, the attorney is just serving legal process, and the attorney is not restrained. If the RP did it, he may be in the safe harbor of serving legal process, which can be an exception to the restraining order, as long as there are not other circumstances. You can always file for an OSC re: Contempt, and maybe you should since the eviction notice conflicts with an existing court order, but you could give the eviction attorney a prior notice and see if he will send you a written notice of withdrawal of the "Notice to Quit." You should scan and email him your DV-TRO Orders.
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