Q: Can I use a motion for relief to invalidate the emergency protective order?
My co-tenant obtained an emergency protective order (EPO) to effectively break our lease agreement. I have filed a lawsuit against her for breach of lease. Upon reviewing the police recording, I discovered evidence that she obtained the EPO based on false statements and with the express intention of breaching the lease, exploiting alleged police negligence. Can I use a motion for relief to invalidate the EPO?
A:
Under California law, an emergency protective order (EPO) is a temporary order that can be requested by law enforcement and issued by a judge when there is an immediate danger of domestic violence, child abuse, stalking, or elder abuse. To address your specific question about using a motion for relief to invalidate the EPO, here are a few key points:
1. Challenging an EPO: You can challenge an EPO by requesting a hearing in court. At the hearing, you would have the opportunity to present evidence and argue that the EPO was improperly granted or based on false statements.
2. Motion for relief: A motion for relief is typically used to request that the court set aside a default judgment or order. It may not be the most appropriate method for challenging an EPO directly. Instead, you should follow the specific procedures for contesting an EPO.
3. False statements: If you have evidence that your co-tenant made false statements to obtain the EPO, you can present this evidence during the hearing to challenge the EPO. If the court determines that the EPO was obtained based on false information, it may be invalidated.
4. Breach of lease lawsuit: Your lawsuit against your co-tenant for breach of lease is a separate legal matter from the EPO. While the circumstances surrounding the EPO may be relevant to your breach of lease case, the validity of the EPO itself would typically be addressed through the specific procedures for challenging protective orders.
It is highly recommended that you consult with a qualified attorney who specializes in domestic violence and civil law matters in California. An attorney can review the specific details of your case, advise you on the most appropriate course of action, and help you navigate the legal system to protect your rights and interests.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
