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Legal Ease
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Category: Canada Family Law
Satisfied Customers: 96496
Experience:  I am a practicing lawyer and have also been an online professional for 5 years.
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Currently under a protection order since november 2. My wife

Customer Question

currently under a protection order since november 2. My wife holds all my assets. I want to obtain them. The court says it's a police matter and the police say it's a court matter.
The assets consist of a drawer, books and files, documents. They would not fill the back of a pick-up.
Under my restrictions i can't contact my wife to make any arrangements without creating a breach.
I am 67,I live on Cpp and OAS. I don't have the income or resources to pursue this through the private legal system.
Submitted: 9 months ago.
Category: Canada Family Law
Expert:  ulysses101 replied 9 months ago.

Hello, thank you for the question.

What do you mean by "protection order"?

What province are you in?

Customer: replied 9 months ago.
I am in Winnipeg, Manitoba Canada.The protection order was taken out on November 2, 2015. It was by my wife, Judith Carol Davies against myself, Alfred Davies.The protection order does not appear to provide for my access and re-claiming my assets.I need to know how to proceed. I cannot under the Protection order communicate with Judith and i need to know how to proceed.I am in Manitoba, canada.
Customer: replied 9 months ago.
The
Expert:  ulysses101 replied 9 months ago.

I'm going to opt out. I'm unfamiliar with these procedures in your province. Another expert will attend to you soon, I'm sure.

Expert:  Legal Ease replied 9 months ago.

Here are my suggestions:

First, you can see if someone you know will be willing to retrieve your items for you.

If you are saying that your wife will not release your belongings to anyone then you need to go back to the police officer who is involved in the case and explain that you went to court, and the judge told you that you must deal directly with the police. Explain that you do not want to take items from the home that are shared. In other words, you are not asking for furniture or artwork, but rather you simply want your own belongings. Ask the police if they will assist you or a friend or family member to simply retrieve your own personal belongings.

If the police do not agree then your next step would be to seek a court order requiring your spouse to release your personal belongings to a friend or family member or to require your spouse to have your belongings delivered to a designated spot.

I understand that you cannot retain a lawyer but, if you need to go to court you should get some preliminary advice from a lawyer in your city.

You can find a lawyer using the lawyer referral service, here is a link: http://www.communitylegal.mb.ca/programs/law-phone-in-and-lawyer-referral-program/

Does that help?

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