Harrasment order of protection

[mccurdyari]

What is the name of your state? California. I have been served with a totally laughable and frivilous harrasment protection order. My hearing is on the 30th in a couple of days. The entire complaint is false! Im moving into the house which I own and rent the rooms out. This was an old friend of mine that has a drug probelm and lives in the house. He was given a 30 day notice because he cant pay his rent and for other reasons. No ONE has been mean or threataning. On his complaint he went so far as to say that I dont reside there ( I do, im going to school down there) and said that my only reason for being there is to threaten him. Im little he's big and his complaint says ive threatened him with physical harm. Huh. how cute. There are no websites for people like me. I have all my emails and phone records and in fact i stopped contacting him and only replyed to his VM or emails before he filed this. Please help with advice! Thanks

 

[tijerin]

Are you trying to EVICT this person? If so, there are VERY specific procedures that must be followed and a "30 day notice" isn't the only one. I believe that you'd also need a 3 day notice to vacate or pay (not sure of the exact title), then you'd need a court order to force the person to move. IF you haven't been following the procedure correctly, the injunction COULD be upheld. These laws protect the renter more than the "landlord" to prevent a property pwner from kicking everyone out for multiple reasons (ie. to sell the property, etc.) Do you have a lease with this person?