Which route should I take? eviction or domestic violence?

Attorney answers (3)

1. Licensed in CA

   

   Margaret Wilson

   San Fernando Family Law Attorney

   Contributor Level 11

   4

   Lawyers agree

   1

   Helpful vote

   Best Answer

   chosen by asker

   Answered September 29, 2012 20:27. You must be fearful for your own safety to get a domestic violence restraining order. If you are afraid for your safety it is get the restraining order. Otherwise you will need to serve him a 60 day notice to get out and then file an unlawful detainer action.

   Please note that this answer does not constitute legal advice, and should not be relied on, as each situation is... morePlease note that this answer does not constitute legal advice, and should not be relied on, as each situation is fact specific, and it is not possible to evaluate a legal problem without a comprehensive consultation and review of all the facts and court pleadings filed in the case. This answer does not create an attorney-client relationship. less

   • Mark as helpful
   • 1 comment
   • Flag
2. Licensed in CA

   

   Joseph Torri

   Fullerton Child Custody Lawyer

   Contributor Level 15

   3

   Lawyers agree

   1

   Helpful vote

   Answered September 30, 2012 12:03. You should consult with an attorney about what specifically makes your scared. I understand he yells and calls you names. Discussing the domestic violence issue with an attorney should be your next step. There are attorneys that offer a free consultation. Based on what may or may not be domestic violence, an eviction may be necessary. It is difficult to give a detailed analysis on these posts in a situation like this. If you found the response helpful, please click the helpful tab.
   
   www.JoeTorriLaw.com

   This communication does not create an attorney-client relationship. This means that I am not your lawyer and I... moreThis communication does not create an attorney-client relationship. This means that I am not your lawyer and I will not appear in court simply by posting on this site. If you would like me to represent you, you must call my office, sign a written fee agreement and pay a legal fee, assuming I do not have a conflict of interest and you are in Southern California. If I respond to your question and you have follow up questions by posting on this site, I may or may not reply. This information should not be construed as legal advice. I am offering my opinion. Each person's case is unique, and that's why you should contact a lawyer over the phone for a consultation for your situation. That's why you should not rely on any response that an attorney posts on this site. I am licensed in California. I am not licensed in another state or country. I do not practice law outside of California. less

   • Mark as helpful
   • Flag
3. Licensed in CA

   

   Richard DwyerPro

   Mountain View Divorce / Separation Lawyer

   Contributor Level 14

   

   EmailVisit website

   2

   Lawyers agree

   Answered October 01, 2012 00:55. Do both. Legally, your boyfriend does not have the right to be in your apartment. He is not even leasing it from you.
   
   Move his stuff to a storage unit, change the locks and file for a restraining order. Have your attorney contact him with the storage unit information with instructions on how to get his stuff. All communication should go through your attorney.

   • Mark as helpful
   • Flag