El Cajon, CA asked in Personal Injury, Civil Litigation, Libel & Slander and Sexual Harassment for California

Q: I was served w/Elder TRO and had to vacate residence immediately.Served by sheriff's. Everything included in ETRO is Lie

Elder says I used a gun, which I dont own nor posses and used my service dog to attack him. I was ordered to leave due to emotional distress he alleges. Incident NEVER occurred. He was traveling when he says this occured . My dog, g/f , and I all were asleep in my room and never saw him until sheriff arrived at home 5pm to serve me. Two weeks prior he attacked me in home , threatened and assaulted me , threw bowl at me , breaking and cutting my foot. Followed me to room where he banged on door repeatedly cursing and hitting with a bat and cane trying to break lock on my door. police were called. I thought police report was taken , incident report only. I am honorable veteran no warrants or arrests. I need to respond my hearing is 14th . i want this dismissed/vacated . I need to pursue against him for breaking into my room and giving my personal affects away to his bookkeeper and removed to trash instead of storing. I thought I had possesssory rights . The sheriffs did not lock me out

2 Lawyer Answers
Joel Gary Selik
Joel Gary Selik
Answered
  • Las Vegas, NV
  • Licensed in California

A: I am sorry you are in this situation. You need to prepare a strong defense with evidence. Your best bet would be a skilled lawyer.

Neil Pedersen agrees with this answer

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

A: Your situation is undoubtedly distressing, and I appreciate the urgency. In California, it is crucial to respond to the Elder Temporary Restraining Order (ETRO) by filing a response with the court and attending the hearing to present your evidence, such as any available witnesses, photos, or other documents that support your version of events. Engaging legal representation with experience in restraining order cases would be beneficial to guide you through the process and advocate for your interests in seeking a dismissal of the order and pursuing any claims against the elder for his actions.

James L. Arrasmith

Founder and Chief Legal Counsel of The Law Offices of James L. Arrasmith

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