How JustAnswer Works:

  • Ask an Expert
    Experts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional Answer
    Via email, text message, or notification as you wait on our site.
    Ask follow up questions if you need to.
  • 100% Satisfaction Guarantee
    Rate the answer you receive.

Ask TexLaw Your Own Question

TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience:  Lead trial/International commercial attorney licensed 11 yrs
17219180
Type Your Legal Question Here...
TexLaw is online now
A new question is answered every 9 seconds

In an order of protection hearing when a judge says you can

Resolved Question:

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?
Submitted: 1 year ago.
Category: Legal
Expert:  TexLaw replied 1 year ago.

Hi,

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.

Customer: replied 1 year ago.

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.

Expert:  TexLaw replied 1 year ago.
Thanks. Are you sending a copy of the Order?

How did this come about? Are you suing your uncle?
Customer: replied 1 year ago.

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.

Expert:  TexLaw replied 1 year ago.
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.
Customer: replied 1 year ago.

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?


 

Expert:  TexLaw replied 1 year ago.

Ok,

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.

-ZDN

Expert:  TexLaw replied 1 year ago.

Hi,

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.

Thanks,

ZDN

TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 17 other Legal Specialists are ready to help you
Customer: replied 1 year ago.

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.

Expert:  TexLaw replied 1 year ago.
Hi,

I'm unclear on who called the tow company to have the SUV towed. Can you clarify?

Thanks,
ZDN
Customer: replied 1 year ago.

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.

Expert:  TexLaw replied 1 year ago.
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.
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4258
Experience: Lead trial/International commercial attorney licensed 11 yrs
TexLaw and 17 other Legal Specialists are ready to help you

JustAnswer in the News:

 
 
 
Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.
 
 
 

What Customers are Saying:

 
 
 
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
< Last | Next >
  • Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises! Gary B. Edmond, OK
  • My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer. Eric Redwood City, CA
  • I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight. Michael Wichita, KS
  • PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent. Three H. Houston, TX
  • Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!! Elaine Atlanta, GA
  • It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem. Tony Apopka, FL
  • Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it. Lee Michigan
 
 
 

Meet The Experts:

 
 
 
  • Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
< Last | Next >
  • http://ww2.justanswer.com/uploads/MU/multistatelaw/2011-11-27_173951_Tinaglamourshotworkglow102011.64x64.jpg Tina's Avatar

    Tina

    Lawyer

    Satisfied Customers:

    8436
    JD, BBA Over 25 years legal and business experience.
  • http://ww2.justanswer.com/uploads/RA/ratioscripta/2012-6-13_2955_foto3.64x64.jpg Ely's Avatar

    Ely

    Counselor at Law

    Satisfied Customers:

    19941
    Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
  • http://ww2.justanswer.com/uploads/FL/FLAandNYLawyer/2012-1-27_14349_3Fotolia25855429M.64x64.jpg FiveStarLaw's Avatar

    FiveStarLaw

    Attorney

    Satisfied Customers:

    8189
    25 years of experience helping people like you.
  • http://ww2.justanswer.com/uploads/jespoag/2008-12-17_222355_jessepic.jpg JPEsq's Avatar

    JPEsq

    Attorney

    Satisfied Customers:

    2132
    Experience as general attorney, in house counsel, SSDI, Family Law attorney, and law professor
  • http://ww2.justanswer.com/uploads/gsenmartin/2008-04-22_214950_me1.jpg Guillermo J. Senmartin, Esq.'s Avatar

    Guillermo J. Senmartin, Esq.

    Attorney

    Satisfied Customers:

    110
    7+ years of experience handling various legal matters.
  • http://ww2.justanswer.com/uploads/PA/PaulmoJD/2013-10-10_195858_JAImage.64x64.jpg Law Educator, Esq.'s Avatar

    Law Educator, Esq.

    Attorney

    Satisfied Customers:

    31621
    JA Mentor -Attorney Labor/employment, corporate, sports law, admiralty/maritime and civil rights law
  • http://ww2.justanswer.com/uploads/dkaplun/2009-05-17_173121_headshot_1_2.jpg Dimitry K., Esq.'s Avatar

    Dimitry K., Esq.

    Attorney

    Satisfied Customers:

    15975
    Multiple jurisdictions, specialize in business/contract disputes, estate creation and administration.
 
 
 
Chat Now With A Lawyer
TexLaw
TexLaw
Attorney
2718 Satisfied Customers
Lead trial/International commercial attorney licensed 11 yrs