DV Victims rights to enforce convicted abuser with existing CPO, away from listing community property home.

Asked 9 months ago - La Canada, CA

Coinvicted abuser in denial, believes he can ignore his conviction and has the right to enter property victim has been granted per stipulation to have exclusive use of residence. Same abuser, convicted for not paying restitution. his representing atty has questionable ethics consistently displayed where he also thinks, the judge in family law should ignore. Huh? Question: Isn't there some california law and code that protects victims regardless of written stipulations, exclusive domain, rights, presence, in the main residence? Also, what is the Marsy' law or CA code section that states this as well?

Attorney answers (3)

  1. Alexandra Rachel Lavinsky


    Contributor Level 12


    Lawyers agree


    Answered . If you have a valid Order giving exclusive use and possession then you can change the locks and call the police for enforcement. I cannot understand the rest of the question. A stipulation is unenforceable unless reduced to an order with a Judge's signature.

    The information and material are provided for general informational purposes only and are not intended to be legal... more
  2. Harry Edward Hudson Jr

    Contributor Level 20
    Best Answer
    chosen by asker

    Answered . If you have an active and not expired CPO [as in a criminal protective order] , the husband should be arrestable at any tie he is in violation of the order. Thise generally come with a distance the restrained person must be from the protected. person. Call the cops and file a report and request he sho up. Call the DA or his/her assistant and explain the situation to see if the DA will seek a higher bail.

    The above is not intended as legal advice. The response does not constitute the creation of an attorney client... more
  3. Patrick Baghdaserians

    Contributor Level 6

    Answered . Your question/fact pattern is a bit difficult to understand. My recommendation is to enforce the Court order you have. Make sure the written order is served on the party. Read case of Marcus.

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