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 Lucy, Esq. Your Own Question
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 30383
Experience:  Attorney with experience in family law.
26798026
Type Your Family Law Question Here...
Lucy, Esq. is online now
A new question is answered every 9 seconds

My wife filed a domestic violence restraining order on me

Customer Question

My wife filed a domestic violence restraining order on me while I was out of town. They lawyer she has is know to do this. I'm not getting a lawyer as of now and would like to know what I need to do to retrieve my personal property as she will now allow me to obtain it. Her lawyer obviously wants billable hours from her and want cooperate with me.
JA: Family law varies by state. What state are you in?
Customer: NH
JA: Have you talked to a lawyer yet?
Customer: I refuse to give those dirt bags any money.
JA: Anything else you want the lawyer to know before I connect you?
Customer: no I just want to know how to get my personal property. I do not care about anything that may be considered both of ours
Submitted: 1 month ago.
Category: Family Law
Expert:  Lucy, Esq. replied 1 month ago.

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear that this happened.

You cannot go to retrieve your belongings while there is a restraining order against you. Arguably, you also could not send someone else to pick them up, depending on the wording of the order.

The other first step here is usually to seek to get the order lifted. Usually a restraining order is only entered for 10 days without a hearing, and then you have an opportunity to go in and dispute it. Call the court to verify whether there's a hearing scheduled. If there isn't, you can file a Motion for Hearing in that court house, explaining that you were out of town and not notified of the hearing in time to attend. Depending on how quickly they can get you a hearing, that might be faster.

The other option is to file for divorce, then file a Motion asking the judge to allow you to go to the house at a stated date and time to get your items. She can choose not to be there during that time to avoid a violation of the order. You can ask police to do a civil standby to protect you in case she IS there. She can't lie and say you harassed or threatened her if police are there the entire time.

If you have any questions or concerns about my response, please reply WITHOUT RATING. It's important that you are 100% satisfied with my courtesy and professionalism. Otherwise, please rate my service positively so I am paid for the time I spend answering questions. If you are on a mobile device, you may need to scroll to the right. There is no charge for follow-up questions. Thank you.

Expert:  Lucy, Esq. replied 1 month ago.

Do you have any questions about this?