In an order of protection hearing when a judge says you can go over for 10 minutes to pick up your property and you say ok, but the date and time are not on the order do you forfeit your property if you cannot pick it up? It was at least a 24 foot truck load of items. Not packed up There is a disagreement about if we were legal tenants. If we were he should have filed an for eviction as we were kicked out with less than 24 hour notice. If we were not, was it legal for him to take the things he wanted to? He also moved items off of the property, sold them and given them away. This is family and the police seem hesitant to make anything a big issue. I am having another hearing about my OOP on him and I know he is going to try and have the judge ( same one) clarify the property issue as my entire family thinks I am wrong. If it was not written as an order the date and time was it an order? Should it have said what could be done if I did not pick up the items?
Thanks for your question.
From my understanding of your circumstances, you were granted a Protective Order from the court in regard to your property which was located at a rented property over which you are having a dispute. The order allows that you may access the property for 10 minutes to collect your property. If this is all the order says, then you might have some problems and need to go back to court for clarification.
Is there anyway you could scan and send me a copy of the order Please send to : experts@justanswer attn: zdnlaw regarding http://www.justanswer.com/law/7l7ms-order-protection-hearing-when-judge-says.html?mode=qa
As soon as I get it, I will take a look and get back to you.
the house we lived in is owned by mu uncle who lives there with my grandparents and three other people.
it is not a rental proprty. we moved rverything we owned there. stored in garage and two trailers. he kicked us out with less than a days notice. he said to leave the proprty. take clothes. landlord tenant law is vague on what we were because we bought food for household and did work.
Thanks. Are you sending a copy of the Order?How did this come about? Are you suing your uncle?
I am trying to figure out how to scan the OOP. We moved in with my uncle, who has lived my grandparents his entire life. The transferred the house into his name a few years ago. The house had 9 people in it when we moved in. We had to leave with less than one day notice, with our son. Everything we owned was left at the house. We left, so we did not cause more stress to my 95 year old grandparents.
We said we were residents and did not have to leave unless he evicted us and that he better not touch our things. That is still an issue we have not completely figured out. However, he submitted a false email at his OOP hearing that has him giving us 1 weeks notice.
We filed OOP's on each other with in ten days of us being out of the house. There are nasty emails, on both sides. I asked for a hearing for one he filed on me. During the hearing he lied about several things that really did not matter for the OOP. The OOP was modified, because he had included my grandparents and his wife. At the end of the hearing he asked the judge, what about all her stuff. I had already used one civil stand by before the hearing. The judge said I could have one more time. I could have10 minutes and he was to have everything ready to go. She said a time and date. That is not in the order, but is in the transcripts she says it and say OK.
I can send you the transcripts I have for that hearing. He filed for a hearing on the one I have on him two months later, and it is this Tuesday. I need this order to stay on, or he will do something to get me arrested, like follow me and say I was stalking him. I have found out that several people involved in this will lie under oath.
You answered my other question about my father and my 73 Nova. This is his brother. I will try and send what I can with the orders and transcripts...I know it is complicated, and I still cannot tell it in a point by point way, but I appreciate your help.
If the judge ordered it from the bench, but did not include it in the written order, that does not mean that the statement from the bench doesn't count. So, if the day on which the judge ordered you to go and pick up the stuff has not passed, then you should definitely on that day. If your uncle doesn't let you in, then you can move the court for contempt and get your uncle into trouble.
She did not say what would happen if we did not pick it up on that day. Also, he did not have everything out like she asked him to. I have pictures of the trailers still packed. The day has past. I sent the transcripts. My uncle put me in a position where they knew we would not be able to pick up a house hold load of things in ten minutes. It took a 24 foot truck, and 4 people all day to move it there.
I can prove he trying to use his OOP to have me arrested. He wanted the police to order me back to his property. They said they could not order me to break to OOP.
I am going to be filing a law suit against him. So I know he is going to retaliate as much as possible. Should I show his pattern of doing that since this started to prove I need the OOP?
If your uncle deliberatly disobeyed the verbal order, you need to go back to court and file a motion for contempt. In that motion you will show the court's transcript and written order and then state how your uncle violated the court's order. After you write this in the motion, you need to write an affidavit that has your statement of what happened when you went to pick up the property and file it as an exhibit to the motion. Remember an affidavit has to be signed by a notary.
Please let me know if you need any further information or help. Please also remember to rate my answer positively as I am not compensated for my work on your question until you do.
Hi, We had the hearing concerning my OOP on my uncle. He told the judge she had told him that my property was his if I did not pick it up on that date. She instantly said if she had said that it was a huge error, and that she would have never intentionally done that. Then she had her clerk get the transcripts. The transcripts have her saying, "it is yours" referring to paperwork she was having me sign.They really thought they were 100% right because they took everything we own. Including our private and personal papers and even submitting some of them in court. They were not allowed in because they had nothing to do with the hearing and were 20 years old. The judge kept the order on him, and cleared up that she did not say it was Okay for him to have everything I own and do whatever with.
They had my SUV towed that had a flat tire. It was on a neighbors property with his permission. The day after we got our TV back from where he hid it he bothered and harrassed the property owners son, who acted as an agent for his father, until he called and had it towed..On a Sat. night when my father and him knew we were moving it Monday.(I have emails saying OK, and then an hour later saying Too Late from Saturday midmorning) There was a note in the window inside giving our contact information in case their were any issues. Plus we had spoken to the son several times since being kicked out of my uncles. Since we were homeless for two months we had somethings stored in it. It was called in as abandoned. We just got it back, and the fee was going to be over 450, but they gave us a "deal" for 200 cash (they only take cash).. Phoenix city code says if the police did not order the tow, I do not have to pay to get it out, I have to give them information so they can bill me. I did not push that point, I just wanted my SUV, so I paid the 200 cash. I understand the tow company just did their job. The neighbor was harrassed to death, but he had our phone number's. My father would not allow it to be towed to his property, so he knew it was being towed. He knew it was not abandoned and knew it I was moving it on Monday. My uncle was being vindictive and is insane. I do not feel I should have had to pay the first tow, or the second one to get it to the tire place, or the battery that went dead from the my uncle using the keypad to break in it twenty times. I do not know if I can dispute the abandoned part. I have a huge law suit that they keep making bigger. Can I go to small claims just on this, and leave the conversion of all the property they stole as another one? Thanks, XXXXX XXXXX for the length.
Hi,I'm unclear on who called the tow company to have the SUV towed. Can you clarify?Thanks,ZDN
The SUV was parked at my uncles neighbor's house. The owner of the property does not stay there, his son does. The police department told me it was called in abandoned when the tow company called it in. The son is the one that would have had to sign for the tow. However, he did say my uncle would not leave him alone until he had it towed. My uncle's Blazer still sits on the same property right next to where my SUV was.
You would have to sue your uncle for fraudulent misrepresentation in that circumstance, and you would need the son to testify for you that the uncle came over and harassed him into calling it in as an abandoned vehicle.
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