Restraining order that the person has to move

[Diana5563]

Jurisdiction

California

Hi I have a three bedroom house that I rent for $750.00 a month. I was going through a hard time (lost my job) so I made the decision to get a room mate. I met a girl that seemed like a nice girl she is on disability I think because she is mentally ill. For a year she was taking her meds and going to her mental health app. Her son died of a heroine over dose in Jan 2018. I believe she has relapsed and for the last 3 months it has been hell. I am in fear of my life. I gave her a 30 day notice she has about 2 more weeks. Can a judge give me a restraining order and order her to move? Thank u diana

 

[mightymoose]

You didn't give any info that suggests you would be likely to suffsuc with a restraining order.
Continue with the eviction process. If you expect she won't leave on time you might get things moving with the court because it is a lengthy process.

You could also contact law enforcement or your local mental health service to see if they will come check her out and possibly take her in for her own safety.

 

[zddoodah]

Can a judge give me a restraining order and order her to move?

Yes, a judge can do these things, but I doubt that's what you really meant to ask. Will the judge do, or is it likely that the judge will do, these things? We have no way of knowing because you provided no relevant facts. Here's all you told use:

1. Your roommate's "son died of a heroine [sic] over dose" in January.
This is obviously not a reason for a restraining order.

2. You "believe she has relapsed."
I have no idea what this means. "Relapse" is a term that's typically used in connection with an injury or illness or addiction. While you told us that you "think [your roommate] is mentally ill," that doesn't tell us anything.

3. The last three months have "been hell."
This is obviously nothing but a conclusion that is unsupported by any facts.

4. You fear for your life.
This is nothing but a statement regarding your mental state. Whether there is any legitimacy to this fear depends on what actual things have occurred that gave rise to it.

With all that said, you've given us no reason to believe a restraining order is appropriate. However, it might be appropriate. We just have nothing to go on.

As far as an "order [for] her to move," you told us you started the eviction process by giving a 30 day notice. Short of obtaining a restraining order that would require her to stay away from you, you cannot accelerate the eviction process. This is the biggest risk you assumed when you chose to take on a roommate.

I also agree with the suggestion in the second sentence of the prior response.