San Diego, CA asked in Civil Rights, Constitutional Law, Criminal Law and Family Law for California

Q: If you have a protective order with a move out order the police aloud to let him break in the house and mess my house up

It's a temporary order until the court date. But I'm scared of him and now he can come in because it's temporary

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

A: Under California law, a protective order, including a temporary one issued until a court date, is designed to offer protection by legally restricting someone's actions towards you and can include a move-out order for them to leave the shared residence. If this order is in place, the police are expected to enforce it. Allowing someone to break into your home and cause damage or harm contradicts the purpose of such an order.

If you find yourself in a situation where the individual the protective order is against has entered your home or is causing damage, it's essential to contact the police immediately. They have the authority to intervene and take necessary action against the individual for violating the order. Documentation of any incidents, including taking photos or videos and keeping a record of what happened, can be crucial.

In case you feel your safety is compromised or the response from law enforcement does not meet your expectations, seeking legal advice or assistance from organizations dedicated to supporting individuals in abusive situations may provide additional avenues for ensuring your protection and well-being. Remember, your safety is of utmost importance, and there are resources available to help navigate through this challenging time.

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