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Which route should I take? eviction or domestic violence?

Glendale, CA |

Everytime I ask my former-boyfriend to leave my aparment (rent is under my name and I pay not him) he is yelling and calling me names. To a point that I am scared even to sleep in my house, I sleep on the floor of my living room. What should I do? which route I should take? eviction or domestic violence. I am also scared that when he is yelling at me he could have an heart attack, he had 5 by-passes 3 yrs ago. I do not wish to be responsible. I just returned from my long deployment, asked him numerous time to leave he is refusing it. I asked him 10 months ago when I was home for leave, but he refused. Please help and guide me. I reside in Glendale CA. Thank you.

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Attorney answers 3

Best Answer

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 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.



I would recommend she change the locks (if he has a spare key) and sleep elsewhere for a day or two. Or have a friend over at night. ASAP get that restraining order THERE IS NO REASON TO WAIT. Do that first, the eviction takes longer. A R.O. can be done within 24 hours, go to a judge. Now, don't wait.


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.

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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.