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My wife filed a domestic violence restraining order on me…

Customer Question
My wife filed a...

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.

Lawyer's Assistant: Family law varies by state. What state are you in?

NH

Lawyer's Assistant: Have you talked to a lawyer yet?

I refuse to give those dirt bags any money.

Lawyer's Assistant: Anything else you want the lawyer to know before I connect you?

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: 8 months ago.Category: Family Law
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Answered in 1 hour by:
9/8/2017
Family Lawyer: Lucy, Esq., Lawyer replied 8 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,228
Experience: Attorney with experience in family law.
Verified

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.

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Family Lawyer: Lucy, Esq., Lawyer replied 8 months ago

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Lucy, Esq.
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Category: Family Law
Satisfied Customers: 32,228
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DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

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