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Ely
Ely, Counselor at Law
Category: Family Law
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Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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Hello, My husband placed a restraining order against me on

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Hello, My husband placed a restraining order against me on 10/19/11, I would like to know about motion for him to vacate the injunction so I may peacefully obtain my belongings. Please explain the reasons for...and what I would say...ect. Thank you
Submitted: 2 years ago.
Category: Family Law
Expert:  Ely replied 2 years ago.
Hello and thank you for the opportunity to assist you. Please remember that there might be a delay between your follow up questions and my answers because I may be helping other customers or taking a break.

Can you please tell me if the restraining order is pending (i.e. it will be heard), has been heard once and orders are in place but you are set to go back for a final hearing, or has the final order of restraint already been granted?

Also, what state are you in, please?
Customer: replied 2 years ago.
Thanks for response, The injunction hearing was on 10/25/11 at that time a permanent order was granted for one year each. I had placed one against him as well. This is in Ocala, Fl. Also if you could tell if there are any ramifications to the sale (short sale) of my house, especially where I am living in that house.
Expert:  Ely replied 2 years ago.
Thank you for the information.

Restraining Order
Sounds to me like you have either an Injunction for Protection Against Violence. In this case, there is no way to 'drop' the order unless he agrees. If he does, then you two file a joint motion asking to do so.

If you need to get your belongings but he does not want to drop the order, you'd file a Motion for Clarification (www.uslegalforms.com) to have the Court clarify a time for you to stop by and pick up your things, and have him be gone. A neutral, friendly to you, third party may also be asked to help execute this.

Short Sale
You would still be responsible for the deficiency on the house, i.e. your left over sales price minus whatever amount the property is sold for. This would also dent your FICO score a little, but generally nowhere as close as a foreclosure.

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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 88153
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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