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    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #1

    Dec 5, 2011, 02:29 PM
    New California rental law
    Was noticing some of the changes in California law.

    It appears that as long as there is written evidence of domestic violence the party living in the house can change the locks to lock the other party out.
    There was no mention of having to get a restraining order, just have proof of the violence.

    New 2011 Laws Regarding Managing Rental Housing A View From The East Bay
    ballengerb1's Avatar
    ballengerb1 Posts: 27,378, Reputation: 2280
    Home Repair & Remodeling Expert
    		  
    #2

    Dec 5, 2011, 02:30 PM
    Wondering how CA plans to make that work if both parties to the violence are the owners or renters.
    ScottGem's Avatar
    ScottGem Posts: 64,966, Reputation: 6056
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    #3

    Dec 5, 2011, 02:35 PM
    The question is what constitutes proof? Under innocent until proven guilty, this would be declared unconstitutional if due process was denied.
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #4

    Dec 5, 2011, 02:38 PM
    That was my wonder, if a police report will be considered Proof. Or will a hospital report of injury with the claim of abuse be proof.

    Well this will keep lawyers busy for a while filing motions and appealing cases on this one
    AK lawyer's Avatar
    AK lawyer Posts: 12,592, Reputation: 977
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    #5

    Dec 5, 2011, 06:19 PM
    Quote Originally Posted by ScottGem View Post
    The question is what constitutes proof? Under innocent until proven guilty, this would be declared unconstitutional if due process was denied.
    The presumtion of innocence only applies in the criminal context.

    An in any event, one person locking another out is not state action. So due process doesn't apply either.
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