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CalAttorney2, Attorney
Category: Legal
Satisfied Customers: 10244
Experience:  Civil litigation attorney for individuals and businesses.
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My temporary protective order changed today to a 12 month

Customer Question

My temporary protective order changed today to a 12 month protective order he did not appear in court because he is in car serrated my question is how long do I have to keep his items here in my house . We are not married but he does reside at this house which is in my name I have no one who will get his stuff what do I do
Submitted: 6 months ago.
Category: Legal
Expert:  CalAttorney2 replied 6 months ago.

Hello, My name is ***** ***** I will assist you today. Please give me a few minutes to write a response and identify any additional resources for you.

Expert:  CalAttorney2 replied 6 months ago.

Dear Customer,

I am sorry to learn of this situation.

While normally you would need to evict this individual, given the fact he is incarcerated, probably the most certain (least risky) thing for you to do is to simply inventory his belongings and place them into storage.

You can pay for enough storage to keep the belongings there until he is released - he is liable to repay you for this expense (you can decide whether or not it is worth trying to get this money back from him).

Send him a letter to his jail or prison that notifies him of where his belongings are as well as the itemized list of belongings.

Alternatives for this would be to:
1) write to him and ask him what he would like you to do with his belongings (is there someone that he would like to collect his items) - again, itemize the belongings when you write to him.

2) file a court case for eviction, this will allow you to dispose of the items after the end of the court case as "abandoned" property - but if you do this, make sure that you advise the court that he is incarcerated (you will want to ensure that the court is aware of the fact he is incarcerated when they grant you the right to dispose of his property).