[Chump]

I told my girlfriend to move so she had me put in jail and a protective order against me.. She lied and said I hit her. I need my house back. How do I get her out?

[AK lawyer]

Have her served with a written notice giving her the appropriate time (according to the law of your jurisdiction) to get out. If she doesn't, you sue her for eviction.

Has a hearing been scheduled on the restraining order? Normally it would have been at the same time the order was issued At that hearing (and at the time you are tried for the criminal charges) you would be entitled to present evidence that in fact you did not hit or threaten her (assuming you didn't do either). If you don't have any other evidence, it may, unfortunately for you, be a matter of who the judge believes.

[ScottGem]

First, You have to evict her according to the law. You can't just tell her to move. You have to give her a formal notice to vacate. Then follow it up with a court order of eviction if she doesn't move.

Second, I doubt if you would have been jailed unless there was proof that you hit her. So we need to know the whole story here. How long has she lived in your house. How doid you tell her to move? What were you actually charged with? Was there I hearing? If so what happened at it?

Also, any question on law needs to include your general locale as laws vary by area.

[AK lawyer]

... You can't just tell her to move.. .

Well, OP could, except for the restraining order which probably prohibits OP from talking to her.

And it would have no legal effect anyway. if she fails to move when asked, OP would have to go the formal route as described.

[ScottGem]

My understanding was the RO was filed after he told her to move and was in response to telling her to move. Of course he can tell her to move, but he would have to follow it up with legal notice.