QUESTION

If I was given an emergency protective order to stay away and move out immediately, we have half of the estate and inheritance, what is my right?

Asked on Feb 15th, 2017 on Criminal Law - California
More details to this question:
My brother has decided to fight me for our inheritance. I have been living with and taking care of my grandparents for 5 years now, my grandpa passed last year and my grandmother is on her way out. My brother took it upon himself to call the cops and say I was abusing my grandmother. They barged in my house and arrested me for harmful/death of an elderly (I would never harm the woman who raised me) he has since put her in a hospice and declared her incompetent. I was given an emergency protective order to stay away and move out immediately. The order was only for 5 days. My grandmother is not at the house and my brother has changed the locks, but he has never lived there and that has been my place of residence for the last 5 years and as a child. We are both in the trust to obtain 50/50 of estate and inheritance. Do I have the right to stay there? Would it be breaking and entering due to the fact that he changed the locks? Was he allowed to change the locks? Although I was served a protection order it was only for 5 days and no other orders have been filed, do I have the right to live in my own home? How do I go about getting the charges dropped for they are irrelevant and untrue?
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1 ANSWER

You need to hire a lawyer. Prosecutors will never drop charges just because the charges are made up, because there is no way for them to know that. The fact is, in 95% of all DV cases the parties reconcile, and prosecutors are also very suspicious when victims say everything's fine or recant. You really do need to shop for a lawyer.
Answered on May 02nd, 2017 at 7:33 AM

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