JULIA PHILLIPS Judge rules she must get out of Overbrook Drive home Currently facing a murder charge and the possibility of the rest of her life behind bars, a new trouble was added to Julia Phillips’ plate on Friday — the possibility of eviction.

In an order handed down late Friday afternoon, Cherokee County Probate Court Judge Josh Queen granted a temporary restraining order and preliminary injunction against Phillips and her son Hunter Stephens which command them to preserve any assets in a home at 701 Overbrook Drive and to vacate the premises until a request for a permanent court order can be heard.

Phillips, who is charged with murder in connection with the Feb. 4 strangulation death of her longtime boyfriend, York attorney Melvin Roberts, is under courtordered house arrest at 701 Overbrook Drive while she awaits trial. The home is owned by the estate of Julia Phillips’ late husband, Edward Bryant Phillips, who died in June 1999. Bryant Phillips’ daughters, who serve as co-trustees of his estate, filed a court action two weeks ago to have Julia Phillips and her son evicted.

Estate trustees Lori Gaffney and Angela Shaheen argued their step-mother has failed to maintain the estate’s property and has disposed of estate assets.

Bryant Phillips’ last will and testament reportedly allowed Julia Phillips to remain in the home until she died or remarried. Bryant Phillips’ daughters alleged in Probate Court that Julia Phillips lived with Melvin Roberts for almost the past 10 years and only returned to the Overbrook Drive home after Roberts’ murder. They also argued in court documents that their father’s last will and testament never gave Hunter Stephens the right to live there.

Judge Queen heard testimony and legal arguments Wednesday.

Queen noted Julia Phillips’ house arrest and bond conditions, which were previously set by Circuit Court Judge Derham Cole, in his decision on the temporary restraining order. In granting Phillips a $75,000 bond on the murder charge, Judge Cole directed that Phillips can’t change her address without court permission.

“Before this temporary restraining order and preliminary injunction shall be enforceable against Defendant Phillips, Judge Cole must give approval to Ms. Phillips removal from the home at 701 Overbrook Drive,” Queen wrote in his decision.

There was no immediate word Friday afternoon about when, or if, Judge Cole would take up the matter.

Queen further directed in his order that Julia Phillips and her son have 10 days to vacate the home. The 10-day time clock starts ticking “either upon the date of service of this order, the posting of security by the (Bryant Phillips’ estate), or the approval by order of a chance in address from Judge Cole, whichever occurs latest.”

Beginning immediately, however, Judge Queen ruled the trustees of the estate will have a right to enter the property with at least a one-hour notice.

The estate will have to post a security bond to cover any costs and damages if Julia Phillips is later found to have been “wrongfully enjoined and restrained.” Judge Queen set the bond amount at $25,000.

Neither Julia Phillips nor her son appeared in court Wednesday for the Probate Court hearing though they were represented by an attorney, Charles Marchbanks Jr.

Marchbanks could not be reached for immediate comment late Friday and did not return a call over the weekend.

He argued in court last week that Julia Phillips had a right under Bryant Phillips’ last will and testament to remain in the home and that the court could not consider her recent circumstances of being charged in a murder case, since she is considered innocent until proven otherwise.

Marchbanks further argued Julia Phillips’ bond conditions on the murder charge would make moving problematic, and could possibly result in her re-incarceration.

Judge Queen indicated in his ruling that he relied on the testimony of Gaffney Police Det. Jott Blackwell, as well as the testimony of estate trustee Lori Gaffney, about the condition of the home in reaching his conclusions.

Blackwell testified that he was inside the home on two occasions both related to police investigations, the first of which occurred in July 2009 and the second of which occurred on May 27.

During both occasions, Blackwell testified the interior of the home was in “disarray” and he described things such as milk and ice cream cartons strewn about and stains on the carpet.

Judge Queen noted he could only grant a preliminary injunction to “preserve the status quo” and could only do so if the estate showed it would “suffer irreparable harm” without one.

“Based upon the testimony of the witnesses and the affidavit submitted by Plaintiff Angela P. Shaheen, the Court finds that the Plaintiffs will suffer irreparable harm if this motion is not granted,” the judge wrote. “Specifically, the testimony of Detective Blackwell concerning the condition of the home when he entered the home give the Court great concern that the assets of the Trust are not being maintained.”

The Probate Court hearing is just one of numerous twists in the case in recent days. Last Monday, Cherokee County Coroner Dennis Fowler had the body of Bryant Phillips exhumed from Oakland Cemetery in Gaffney so he could take a new look at Bryant Phillips’ death, which occurred in June 1999.

Authorities aren’t saying what they’re looking for, though samples were sent to Columbia following a forensic autopsy.