Eviction And Legal Fraud

Summary

If you believe a crime was committed, report it to the police. For eviction, the property owner or executor of the estate must follow a legal process. A probate attorney can help recover belongings. If a restraining order is falsely filed, gather evidence, hire a defense attorney, and attend the court hearing. Making fraudulent claims is illegal in California and can be considered perjury, forgery, or abuse of process. Abuse of process involves using the legal system maliciously. Gather evidence, consult a legal professional, and consider filing a lawsuit for abuse of process.

Full Conversation

My boyfriend and I live at his cousin's house. He has lived there for a few years- me 1yr. His cousin died 1yr ago a week before I moved in. The cousin Michael had a live in caretaker someone Michaels girlfriend knew, was homeless and was allowed to live in an in law unit in exchange for personal care. Soon after she stopped giving him meds turned away hospice nurses barely fed him stopped changing his diaper and would let him yell for her for hours while she hid around the house. We think she contributed to his death. She won't leave and had taken all of his belongings. What can we do?
Hello ****, I'm sorry to hear about this situation. To assist you better, could you please tell me where this is happening? Laws vary by location, and I want to ensure I provide the most accurate information.
Antioch, California
I'm sorry to hear about your situation, ****. In California:
- If you believe a crime was committed, report it to the police.
- For eviction, the property owner or executor of Michael's estate must follow a legal process.
- A probate attorney can help recover Michael's belongings.
She has also filled a restraining order against my boyfriend falsely claiming that he struck her. She is lying in court trying to get rid of us
I'm sorry to hear about this, ****. In California, if you believe the restraining order is false:
- Your boyfriend should gather evidence proving he did not commit the alleged act.
- He might consider hiring a defense attorney.
- He should attend the court hearing and present his case.
Remember, restraining orders are serious and must be obeyed until dismissed by the court.
Is there a law against people using the legal system for fraudulent claims?
Yes, in California, it's illegal to make fraudulent claims. Here's what you should know:
- Perjury, lying under oath, is a felony (Penal Code Section *).
- Filing false court documents can be considered forgery (Penal Code Section *).
- Fraudulently obtaining a restraining order can be considered abuse of process.
What is abuse of process and how can one deal with it?
Abuse of process in California refers to using the legal system in a malicious or improper manner. Here's how to deal with it:
- Gather evidence showing misuse of legal process.
- Consult a legal professional for advice.
- Consider filing a lawsuit for abuse of process.