Barstow, CA asked in Appeals / Appellate Law and Probate for California

Q: Can I refuse entrance to the homeowner during the 60-day filing requirement for appeal regarding probate in CA?

I had a restraining order against the owner that I will renew now. Due to stalking, harassment, theft, and much more. I was engaged to her father and left with his things. The probate court has given her the house and I will appeal in time. I have filed a case for personal injury and slander per se as it is that bad.

1 Lawyer Answer
James L. Arrasmith
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  • Probate Lawyer
  • Sacramento, CA
  • Licensed in California

A: Under California law, once the probate court has made a determination and granted ownership of the house to another party, that party typically has the legal right to access and control the property. However, if there's an active restraining order in place against the new owner, it can prevent them from coming near you or the property while you're present.

If you plan to renew the restraining order, ensure it specifically restricts the individual from accessing the house while you are there. Should you appeal the probate court's decision within the 60-day timeframe, the appellate court's subsequent decisions or any stay orders issued may affect the homeowner's access rights.

It's important to inform local law enforcement about the active restraining order to assist in its enforcement. During the appeal process, consider consulting with an attorney to understand any interim rights or restrictions applicable to the property. Communication between parties, preferably through attorneys, can help clarify rights of access and avoid unnecessary conflicts. Remember, violating a restraining order can have serious legal consequences for the violator.

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