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If a Petitioner comes to a respondents home with the cops...

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Senpakucho

Junior Member
What is the name of your state (only U.S. law)? Illinois

Does that count as a restraining order violation? Even if you inform the police of the restraining order you have against you? Because this is what happened to me. My order only states that I can not damage her personal possessions? The items she requested were not things she purchased. The cops got upset to learn that she only came to receive two toys for our baby and that our court date is 2 weeks away.our babydaughter was also on the order but she brought her along as well. I gave a cop permission to retrieve the items and the petitioner came in as well. I went up stairs to get the toys and when I returned the cop had gone outside but Petioner was still in my home looking around...she eventually left when the cop came back inside and told her to stop stalling roughly 10 minutes later.

Do I have anything to worry about? My lawyer is always in court when it comes to things he should be helping me with it seems.
 
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quincy

Senior Member
What is the name of your state (only U.S. law)? Illinois

Does that count as a restraining order violation? Even if you inform the police of the restraining order you have against you? Because this is what happened to me. The cops got upset to learn that she came to receive two toys for our baby and that our court date is 2 weeks away.our babydaughter was also on the order but she brought her along as well. I gave a cop permission to retrieve the items and the petitioner came in as well. I went up stairs to get the toys and when I returned the cop had gone outside but Petioner was still in my home looking around...she eventually left when the cop came back inside and told her to stop stalling roughly 10 minutes later.

Do I have anything to worry about? My lawyer is always in court when it comes to things he should be helping me with it seems.
Is there a good reason why you keep creating threads and then deleting the contents?

https://forum.freeadvice.com/domestic-violence-abuse-38/my-chances-getting-petition-op-dropped-court-613091.html

https://forum.freeadvice.com/domestic-violence-abuse-38/do-i-have-good-chance-proving-op-against-me-malicious-intent-613114.html
 

Senpakucho

Junior Member
The first time I got nervous. The second time I was told that my response was way to long. Not sure if those qualify as good reasons though...
 

quincy

Senior Member
The first time I got nervous. The second time I was told that my response was way to long. Not sure if those qualify as good reasons though...
I guess they're good enough. :)

The restraining order is not a "no contact" order? You are just not supposed to damage her personal possessions?
 

single317dad

Senior Member
Those officers handled the situation poorly.

Usually what they'll do is force you to leave your home so she can come in and retrieve her belongings. Count yourself lucky they didn't let her bring a moving crew to take everything they could carry. That happens.

I wouldn't worry at all about any violation from this incident. It sounds like you were an involuntary participant. If this ever happens again, I would advise you to leave your home while she is inside, no matter how much you might like to protect your possessions. If possible you should refuse access altogether, but that isn't always possible.
 

Senpakucho

Junior Member
I guess they're good enough. :)

The restraining order is not a "no contact" order? You are just not supposed to damage her personal possessions?
The Emergency Order of Protection she has filed is a no contact one. It requires that I stay 500ft away from her and our child as well. The remedy pertaining to her private property states that I am not allowed to damage and or purposely hide anything that she may have bought or owned that happens to be in my home. The clause that states that I actually have to allow her to retrieve any items she has left behind was unchecked however. Before she filed the petition she did retrieve all of her private possessions. some over night things she had left over my home, or other minor items she uses when she would come visit our child. The things she retrieved when she came with the cops yesterday were not items she actually purchased. The toys she retrieved were actually just our daughters favorite toys and not ones the petitioner purchased. I did not see any point in addressing this as at the end of the day, they are going to my daughter...I hope. Does this help?

Those officers handled the situation poorly.

Usually what they'll do is force you to leave your home so she can come in and retrieve her belongings. Count yourself lucky they didn't let her bring a moving crew to take everything they could carry. That happens.

I wouldn't worry at all about any violation from this incident. It sounds like you were an involuntary participant. If this ever happens again, I would advise you to leave your home while she is inside, no matter how much you might like to protect your possessions. If possible you should refuse access altogether, but that isn't always possible.
Got ya. I agree completely and will practice these measures if this happens again.
 

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