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tbone1

Junior Member
What is the name of your state (only U.S. law)? california
What can I do yesterday I was kicked out of my house and told I cant come back with a fraudulate restrainig order. And right now all my stuff is being sold what can i do if i wait till the court date i will have nothing left except bills?
 


OK, do they have a legit restraining order preventing you from entering the house or dont they?

Is it a Temporary One issued by a deputy/cop?
Is it a criminal protective order?
Is it a harassment order pending hearing?
IS it a domestic violence restraining order pending hearing?

You need to be a little more specific with whats happening.
 

CdwJava

Senior Member
Assuming this was a lawful restraining order of one stripe or another, and it prohibits you from residing in the residence, then any damage or conversion of your property can be a crime. Or, if the property is arguably community property, you can sue her for the value of the lost property.

You might consider consulting an attorney both to respond to the order, and to see to your options to address the property.
 

MFCJohnson

Junior Member
What does your "stuff" include?

If your belongings include community items, then you will have to wait it out until your court date. However, if you mean your personal belongings, including clothing, personal documents, etc., then you can ask for officer escort.
A co-worker is dealing with a similar situation. He was able to obtain his personal belongings with an escort. He could not remove any items that could be considered community property items.
As you have already been advised, seek professional legal advice.

Good luck,
MFCJohnson
 

CdwJava

Senior Member
As a caveat to the previous post, even if the property might appear to be yours, the officer cannot compel the protected party to give it up.

Also, in CA officer can NOT grant a person a civil standby or "escort" if a valid restraining order is in place and no exception has been made for this within the judge's order. Some officers do this because they have not been properly trained, but they cannot override a judge's order and allow a violation of the order to occur simply because they are present.

Tbone1, your options right now are to call the police and ask if they can do anything about the apparent conversion/theft of your personal property, and, consult an attorney about a civil suit for the value of the items disposed of - and to help you defend against the accusations made in the restraining order.
 

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