Ex Girlfriend Restrained me from my home

[soyika215]

What is the name of your state (only U.S. law)? Pennsylvania

I got into a big domestic dispute with my children's mom and because she had a friend there with her, they both told police I was the aggressor even though it was clear by the blood all over my face and chest from the bottle she cut me with that she was the aggressor. Now I have a restraining order against me stating that I can't go back to my home that I own. She has no legal ties to the house at all. No bills in her name and she doesn't pay rent. There is no written agreement stating that she can stay there. The only problem is that since she received mail there I couldn't forcefully put her out my home. She would have to be evicted. My question is since we have to go to court for the restraining order, can I ask the judge to continue with the restraining order because I've tried to get one on her and failed, and can she just leave my property because I own the home? I also have full custody of my children so they have been living with me and would continue to live with me so it would not be as if I'm putting them out of the home.

 

[LdiJ]

What is the name of your state (only U.S. law)? Pennsylvania

I got into a big domestic dispute with my children's mom and because she had a friend there with her, they both told police I was the aggressor even though it was clear by the blood all over my face and chest from the bottle she cut me with that she was the aggressor. Now I have a restraining order against me stating that I can't go back to my home that I own. She has no legal ties to the house at all. No bills in her name and she doesn't pay rent. There is no written agreement stating that she can stay there. The only problem is that since she received mail there I couldn't forcefully put her out my home. She would have to be evicted. My question is since we have to go to court for the restraining order, can I ask the judge to continue with the restraining order because I've tried to get one on her and failed, and can she just leave my property because I own the home? I also have full custody of my children so they have been living with me and would continue to live with me so it would not be as if I'm putting them out of the home.

Well, you could certainly point out to the judge at the hearing for the restraining order that the house is yours and yours only and ask the judge to order her to be the one to vacate the home. You can also point out that you are the one with full custody of the children. However, that part could get dicey since the authorities believe that you were the aggressor in the domestic dispute.

 

[CdwJava]

You really should obtain an attorney to help you. There is too much at stake to leave it to your own devices here. You will be far better off at the hearing if you have the assistance of legal counsel. Trying to do it yourself will likely guarantee that the order stays in effect.

Yes, it is possible that she will be able to remain in the home at least for a time - that is likely to be a separate matter from the restraining order. You may have to evict her from the home to get her out.

 

[soyika215]

Thank you. We went to court but wasn't able to see a judge due to the fact there is a criminal case now pending and the next court date is 2 months away. I will be getting a lawyer but until then I have to stay away from the home. I will be going through the eviction process to get her removed from the home. If anyone has any further advice for me I would greatly appreciate it. I was told to get all the utilities cut off since there in my name but I don't think that will help the situation.