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 Phillips Esq. Your Own Question
Phillips Esq.
Phillips Esq., Attorney-at-Law
Category: Legal
Satisfied Customers: 18581
Experience:  B.A.; M.B.A.; J.D.
16551887
Type Your Legal Question Here...
Phillips Esq. is online now
A new question is answered every 9 seconds

My son had a restraining order put on him by his girlfriend.

Customer Question

My son had a restraining order put on him by his girlfriend. They had a verbal fight, no charges or anything, but all his belongings are at her residence. Which is her parents house. Since the restraining order says he has to stay 500 ft from her, he called the police dept on thurs and told them he would like to get his stuff. It's a*****to get there and when he got there they said she won't let him get anything. He was to come back today. But they were only giving him 15 min. to get his stuff. He was only going to take his electronics, clothes and important papers. When he arrived, ALL OF HIS STUFF was in garbage bags and furniture, everything was in the front yard under a tarp. He asked the police if he can arrange for him to get a truck and come up and get all this so it doesn't get ruined or stolen. They said it's a civil matter, and since he's got an Aug. 15 court date, he can't get it. Is there anything he can do?
JA: Because laws vary from place to place, can you tell me what state this is in?
Customer: Illinois
JA: Have you talked to a lawyer yet?
Customer: He talked to one on Thurs. we are retaining him on Monday hopefully
JA: Anything else you think the lawyer should know?
Customer: I just don't understand how you can get away with destroying other peoples property like that
Submitted: 8 months ago.
Category: Legal
Customer: replied 8 months ago.
The restraining order says no third party contact. What exactly does that mean? Can my other son, daughter in law and a friend, go and get his stuff since it's all sitting outside?
Expert:  Phillips Esq. replied 8 months ago.

Third party contact means that your son cannot use someone else to communicate to the ex-girlfriend. This means that your other son and daughter-in-law cannot be used to communicate to the ex-girlfriend. So, if your son is not allowed on the property, your other son and his girlfriend are not allowed on the property. Your son should file emergency motion with the Court today to get a truck to go there to pick up his things since the Police have refused to help. If his belongings are stolen or destroyed as a result of the ex-girlfriend's action, he would have to sue her for the replacement cost.

Kindly give a positive rating to my response so that I can receive credit for responding to your post. There is no additional cost to you for doing this.

Thank you for your cooperation.

Customer: replied 8 months ago.
ok, so to file an emergency motion, does he file in the county we live in or she lives in
Expert:  Phillips Esq. replied 8 months ago.

In the County where she lives. He needs to go to the same Court that issued the Restraining Order.