Riverside, CA asked in Civil Litigation, Criminal Law and Family Law for California

Q: A family law judge told my ex-girlfriend to move out of my house (she was there because she filed a restraining order an

She was in the house due to a restraining order that was granted, and a move out order issued. The family court judge saw,while at trial,that I was the owner and told her to move out on a specific date. She claimed abuse, was granted a 6 month protection order. I have failed to evict her in civil court due to this protection order, but what about the family court judge that awarded my house? Do I pursue that?or am I obligated to complete this eviction in civil court?

2 Lawyer Answers
Louis George Fazzi
Louis George Fazzi
Answered
  • Jess Ranch, CA
  • Licensed in California

A: Get yourself a lawyer, a family law attorney, to advise you. You will only make things harder the longer you try to handle this situation on your own, and you can't get all the answers here. Don't waste any more time, get yourself a good family law lawyer right away.

James L. Arrasmith
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Answered
  • Criminal Law Lawyer
  • Sacramento, CA
  • Licensed in California

A: If the family law judge ordered your ex-girlfriend to move out of your house during the course of your family law case, then that order is likely enforceable. However, it is important to note that the enforcement of court orders, including move-out orders, can be complex and it is recommended that you consult with an attorney who specializes in family law.

In general, a move-out order issued by a family law judge can be enforced by filing a motion for contempt with the court. This motion would allege that your ex-girlfriend has willfully disobeyed the court's order and ask the court to impose sanctions, which can include fines and even jail time.

It is possible that the restraining order that was issued in a separate case may complicate the process of enforcing the family law judge's move-out order. It is recommended that you consult with an attorney who can advise you on the specific facts of your case and help you determine the best course of action to enforce the family law judge's order.

In any case, it is generally advisable to complete the eviction process in civil court if your ex-girlfriend has not moved out voluntarily, as failing to follow the proper procedures could lead to additional legal issues or liabilities.

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