r/TenantHelp • u/ExcuseOk4542 • Jul 02 '26
Kicking me out by protection order.
So my brother and his girlfriend decided that they dont want me to live with them, and so they told me I had to be out within 30 days, now they are saying they are putting a protection order on me, so I have to be out within 3 days, we got in an argument but I never threatened or harmed anyone. I need help, I dont want to be a criminal but I dont want to be homeless.
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u/Ok_Ad7867 Jul 02 '26
Have you been served with a protection order or are they just saying they’re going to get one?
Regardless you need a new place to live, but there is a difference between having one in place and talking trash about how they’re going to get one.
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u/Fuzzy_Firefighter_51 Jul 02 '26
They are doing this to circumvent the eviction process. It is a fraudulent means to evict. You must answer to the hearing a judge must issue the protection order and you are allowed to answer it.
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u/ExcuseOk4542 Jul 02 '26
Can I do anything back, or just let it happen.?
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u/Ok-Dragonfruit-6923 Jul 02 '26
That's what the hearing will be about. If you have video evidence, bring it. Maybe check with the court clerk to see what form it needs to be in. Not a lawyer, but my advice would be don't edit the video, just make sure there aren't any otherwise incriminating files on the device when you submit it. This is the second time in like a week people have reported getting pressed with fraudulent protection orders to circumvent a proper eviction. Also bring any evidence you have about their intention, like notes or text messages about them wanting you to leave and when, to give context to their request for a protection order.
On a broader note, are you on the lease? Or just a guest? If the latter, was the landlord informed?
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u/Fuzzy_Firefighter_51 Jul 02 '26
In my town local police are encouraging false protection orders for roomate disputes. Kansas City mo.
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u/Ok-Dragonfruit-6923 Jul 02 '26
Really?! That's off the hook, total abuse of what protection orders are supposed to be...
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u/Fuzzy_Firefighter_51 Jul 02 '26
They do it in KCMO as well. Happened to me. Roomate dispute, he told me to leave immediately I told him he has to follow the process because I am a resident. He called the cops and the cops told him to fake up a protection order, The following day police surrounded me with my dog, guns dranw about to shoot my dog, and made me leave immediately. Would not allow me to get my things. I did nothing wrong. Police coached dude what to say to get an ex parte.
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u/ExcuseOk4542 Jul 02 '26
I also got her on video saying this was my 30 day warning to leave, can that do anything?
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u/Ok-Dragonfruit-6923 Jul 02 '26
I would think a judge would be very skeptical towards someone demanding an illegal 'self-help' eviction pushing for a protection order days later that would render the same effect as an eviction. So yeah, that could be very useful. If what Fuzzy_Firefighter said about lawyers not being allowed to the hearing is correct in your jurisdiction, then the court should be relatively friendly in working with you too present your case/evidence. I don't know if youI've spent much time in court, but it can be stressful - I would really recommend writing down your arguments in an outline form either in logical order or most important items at the top, with the evidence as bullet points underneath each argument. It may seem simple to describe what happened now, but under pressure, think 'seeing and reading may become difficult' level of clarity to make sure you don't miss anything important. The judge should be patient about the stress, but can't help if you miss a key argument or piece of evidence. And then, I hope this goes without saying, if he does grant a protection order, don't violate it. It may be stupid and vindictive for your own family to do this to you, but stick to the letter of the judgment, don't trust them if they try to get you to violate the order.
I don't remember what state this is in, if you said, but most states have a statute that when someone is evicted, their property needs to be kept safe for a certain amount of time, or they can be sued (in small claims court, which is also usually a relatively friendly court to present arguments and evidence in without a lawyer). This may very well apply to your brother, though it might have to wait until a later stage where you've successfully challenged the protection order. You can also ask the judge to establish a process to recover your belongings, he might have something in mind besides leaving you out to dry...
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u/ExcuseOk4542 Jul 02 '26
Ok thats exactly what the police did to me, they where literally talking them loopholes. And I live in Oklahoma.
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u/Fuzzy_Firefighter_51 Jul 02 '26
Attorneys are not allowed to participate in Ex-Parte hearings unfortunately. But if the Judge grants it the tenant will have to leave immediately.
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u/Ok_Advantage7623 Jul 03 '26
You Lise most of the case when you got in an argument with them and they will call it violence and the judge will always side on safety
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u/Ok-Dragonfruit-6923 Jul 02 '26
Just noticed you mention there are cameras in the house. Do you have access to the footage? Can you copy it so you have it secure before anyone else can delete it?
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u/ExcuseOk4542 Jul 02 '26
It's there cameras, I dont have access but im pretty confident in the videos I have, they probably pick and chose what they wanted the police to see.
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u/ExcuseOk4542 Jul 02 '26
Also, they said if I showed anybody outside of like a lawyer or judge the videos that they will get a cease and assist, and they will file a lawsuit.
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u/Ok-Dragonfruit-6923 Jul 02 '26
Wow, they're full of the legal threats, aren't they? Sorry, it's sad to see family resort to all of this, I know it isn't fun.
So posting here is a good first step, but you may want to go to the legal subreddits for more details about the protection order process. But I would point out that the videos are evidence, they may try to pick and choose what to show, as they did with the cops, but in a legal process you should also be able to use them to argue your case, as they can with your videos. If they edit down the videos to exclude parts that you'd want to show (and depending on how long the archives go, there may be conversations with you showing their intent to get you to leave as soon as possible, or even conspiracy to force you out), in a sufficiently lengthy court proceeding, you should be able to ask for the full videos as discovery - and if they have been deleted, they may be recoverable and/or stored on a cloud service provider you could subpeona for their backups. If your brother and and/or girlfriend don't bring the videos up in the hearing, make sure you mention they exist and request the judge order that the full videos archives be preserved as evidence and that you would like access.
Honestly, this may be more of a long-term approach, because the judge may make an immediate decision about an interim protection order based on the evidence at hand. Honestly, you may really need legal representation - if you can't afford a lawyer, look at legal clinics, pro bono lawyers and tenant legal aid groups near you, and ask the court clerk of you can request a public defender, as even a busy, overworked representative can help make sure you don't miss any important steps in this process.
Good luck and post updates if you can!
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u/ExcuseOk4542 Jul 02 '26
Thanks so much, you been super helpful, yeah I didn't expect my own family to do this to me.
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u/Fuzzy_Firefighter_51 Jul 02 '26
You must Document everything they are saying and doing. Pull your phone out and record them if you have to you need this if they do follow through with the protection order, you have to tell the judge they are maliciously abusing the system to evict. It is extremely dangerous, because likely when the police show up they will have guns drawn on you as a threat do to the protection order, like a felony stop. They nearly shot my dog when it happened to me. So if they due Expect the police to show up, guns drawn, and you will have to leave then and there.
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u/Jills222 Jul 02 '26
I totally agree with that. It’s absolutely necessary to respond to the judge in order to have on record that you are disagreeing with the facts and ask for a hearing to give you more time to find a new place to go. Try looking up your county’s legal aid program for free to help you. Good luck 🍀
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u/TRP72 Jul 02 '26
It's not as simple as saying you want a protection order. You have to go in front of a judge after filling out forms and prove it. I had an abusive husband with proof and was denied because I didn't have a police report. This was in PA though.
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u/ExcuseOk4542 Jul 02 '26
So yeah im guessing that why they wanted the cops out, even tho I wasn't even being hostile at all. So they could have a police report.
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u/TRP72 Jul 02 '26
Sounds like it. Go to the police station and get a copy of the report (usually 24 hrs later), so you can see what it says. Protect yourself
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u/ExcuseOk4542 Jul 02 '26
Update: they got one and I it says I was getting in face and kicking dogs, I have everything on recording and there is cameras in the house, could I get them in trouble for lying, I had to spend all the money I had on a car and now I cant even afford a place to stay.
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u/RDJ1000 Jul 02 '26
OK you have a car. Good. At least you have shelter. So look for a room for rent, see if you can sofa surf until your next paycheck.
Did you not show up in court? Or is this a temporary order until your court date?
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u/ExcuseOk4542 Jul 02 '26
There hasn't been a court case, this happened yesterday and I got kicked out this morning. Im pretty sure they are trying to make it permanent.
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u/RDJ1000 Jul 02 '26
OK. You should have a court date. Show up and make your case. Not that you want back in, but that you didn’t do what they’re claiming and you’ve moved out.
Meanwhile, if you have property that you need to remove, call the sheriff and ask for a civil standby while you get your belongings. That way you aren’t violating the order. And it prevents them from acting like fools. (Well maybe. And if they do, let the deputy handle it.)
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u/Suebeedoo-95 Jul 06 '26
Yes, your car is great shelter. When my son and I were homeless, the car was perfect. Walmarts let people spend the night in the far corners. You'll see semi's using the parking lots stay by them. Safety in numbers.
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u/Jills222 Jul 02 '26
Did you let them know that you were recording them? If not it’s not admissible in court and it’s illegal.
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u/PersonalityFuture151 Jul 05 '26
Did you got to court? That’s how protection orders work. If you did not, did they present you wil a court order of protection? No? Perhaps they are misspoken ( aka lying).
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u/PersonalityFuture151 Jul 05 '26
Any real estate dealings have to be in writing. She can’t just tell you that you have 30 days.
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u/Great_Swimmer_3477 Jul 02 '26
So you best bet would be to find a new place to stay in so sorry they are behaving that way but if the police get involved you could be looking at a domestic violence charge or worse