Who can request a civil standby procedure?

UPDATED: Feb 15, 2012

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Who can request a civil standby procedure?

My family has decided to evict a member from the house. My mother, who is the legal owner, has asked me to get some items in the house as she is staying with my sister. The person being evicted is violent and I would like to know if I can request for a civil standby even though I am not the owner of the house?

Asked on February 15, 2012 under Real Estate Law, California


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If you have a realistic and justifiable belief that the member of the household that is being evicted could harm you personally, you have a basis to go to law enforcement (or a family law attorney) to seek a restraining order to protect you possibly from the situation that you are dealing with.

You do not have to be the owner of the unit where the family member is being evicted from. All you need to demonstrate is the likelihood of being harmed to seek the restraining order. Not all applications for a restraining order that you have written about are granted.

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