Q: if someone files an injunction against you and the court finds no evidence, can I file one against him?
we were living together since July. In November, we broke up and I asked him to leave-- he refused- so I filed an unlawful detainer on 12/7- my house, he paid no bills etc. He had me arrested for alleged domestic violence 12/9. The state's att'y has dismissed the case due to lack of evidence. However, while I was in jail he filed an injunction-- causing me to have to stay away from him and my house. The court date for injunction hearing is 12/27. I assume the judge will throw out- as the criminal case is dismissed.. and I have no history of violence etc. If the court throws out-- how can I get back into my house safely until eviction hearing on 1/4. Can I file an injunction against him?
A:
You can petition for a domestic violence injunction if you independently have the facts to support it. The Court Clerk's office should have forms for you check off the reason(s) supporting an injunction. Your ex filing against you is irrelevant to your eligibility and to your likelihood of prevailing.
Regarding getting back to your home safely, bring up the subject at your court hearing, and perhaps the judge will help sort that out. If not, an option would be to communicate with your ex, either directly or through an attorney, to attempt to reach agreement on a satisfactory living arrangement while your unlawful detainer case is pending. If that is not possible/practical, or if you fear for your safety even if your ex would agree to your terms, you may want to consider the option of staying elsewhere until you can get him tossed out, and /or determining if the Court would entertain an emergency motion to hear your unlawful detainer and/or (future) injunction case on an emergency basis due to severe financial hardship if you stay elsewhere. If you can afford an attorney for this situation, hire one, and if not, contact your local legal aid/legal services office that provides services to the indigent.
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