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LegalGems, Lawyer
Category: Family Law
Satisfied Customers: 7123
Experience:  Experienced Family Law Attorney
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My son's ex wife and m got back together 10 months. Well

Customer Question

My son's ex wife and him got back together for about 10 months. Well everything went bad earlier this month she had a CPO on him and a domestic violence on him. But also still has a lot of his personal belongings along with their child's belongs. My son has custody of the child. What do we do to get belongings back.
JA: OK. The Family Lawyer will need to help you with this. Have you consulted a lawyer yet?
Customer: No not for the belongings
JA: Is there anything else the Family Lawyer should be aware of?
Customer: I don't believe so
JA: I'm sending you to a secure page on JustAnswer so you can place the $5 fully refundable deposit now. While you're filling out that form, I'll tell the Family Lawyer about your situation and connect you two.
Submitted: 7 months ago.
Category: Family Law
Expert:  LegalGems replied 7 months ago.

what state is this in regards ***** *****

Customer: replied 7 months ago.
Expert:  LegalGems replied 7 months ago.

Thank you for your patience as I researched this. If there is a protective order there can be no direct contact. However, the person needing the return of the property can file a motion with the court, requesting that the person in possession deliver the property to a third party, mail it to the requesting party, or allow limited access (ie garage) provided that does not violate the protective order.

Since there is a protective order no contact can be made with the other person; as such the motion should provide dates/times the person is available to pick up the property, should the court allow it (so that those times may be included in the order, if granted), the name of a trusted, neutral 3rd party who can obtain and deliver the property, the suggestion of a police escort, and/or the suggestion of mailing the items- generally this is at the cost of the party requesting it.

There is no standard form for this as only the most common situations have proforma documents; this actually needs to be drafted.

This is what a motion looks like, and it can be used as a template:

Sample order here:

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