What is the name of your state (only U.S. law)? California
There is a person who has possession of all my personal property because she filed for a TRO (temporary restraining order). I would like to quickly note that this is just a small part of a much bigger case that I am essentially just a third party to. The TRO was based on false allegations with the overall goal of getting me removed from the house we were both living in. That being said, I had representation on the date of the original hearing. My counsel argued that this filing is part of another case and belonged in a different venue. With that he asked that the hearing be reset for a date 3-4 months out. **The hope was that the other case would be in mediation or closed, essentially proving there was no need for the TRO hearing against me.
The judge granted the request for the continuation setting the date for March 2016. The attorney that represented me never gave me any court documents or the date for the follow up hearing. At 4:30 pm the night before the hearing he sends my fiance an email that says, "Hearing tomorrow for new wife". We happened to be on a cruise ship and did not receive the email until pulling into port upon our return. This same attorney did not bother going to court to represent me, now claiming conflict of interest (he represents my fiance for the case filed by the same person - Marvin filing). It goes without saying that this person won the case by matter of default because I was a "no-show".
So as of date I now have a judgement against me permitting me from any physical, verbal, (and I believe) written contact with this person for a period of one year commencing March 25, 2016. It seems that my only legal recourse is to file a small claims judgement to try and recover my personal property. This is where I could really use some advice on how to proceed.
Question: Can I legally as per the court requirement, send this person a demand letter giving her the opportunity to return my property without being in violation of the current RO? Would it be in my best interest to have an attorney draft the letter so that the rights to my property are understood? Or do I just hope and pray that my property will be available in one year from now?
I have been without my possessions since November of 2015. Everything I own has had to be replaced as I was only able to grab some clothing items. This person has all of my financial records, birth certificate, Social Security Number, and those of my children as well. Everything she needs to commit identity theft is available to her. This has been devastating...please help!!
There is a person who has possession of all my personal property because she filed for a TRO (temporary restraining order). I would like to quickly note that this is just a small part of a much bigger case that I am essentially just a third party to. The TRO was based on false allegations with the overall goal of getting me removed from the house we were both living in. That being said, I had representation on the date of the original hearing. My counsel argued that this filing is part of another case and belonged in a different venue. With that he asked that the hearing be reset for a date 3-4 months out. **The hope was that the other case would be in mediation or closed, essentially proving there was no need for the TRO hearing against me.
The judge granted the request for the continuation setting the date for March 2016. The attorney that represented me never gave me any court documents or the date for the follow up hearing. At 4:30 pm the night before the hearing he sends my fiance an email that says, "Hearing tomorrow for new wife". We happened to be on a cruise ship and did not receive the email until pulling into port upon our return. This same attorney did not bother going to court to represent me, now claiming conflict of interest (he represents my fiance for the case filed by the same person - Marvin filing). It goes without saying that this person won the case by matter of default because I was a "no-show".
So as of date I now have a judgement against me permitting me from any physical, verbal, (and I believe) written contact with this person for a period of one year commencing March 25, 2016. It seems that my only legal recourse is to file a small claims judgement to try and recover my personal property. This is where I could really use some advice on how to proceed.
Question: Can I legally as per the court requirement, send this person a demand letter giving her the opportunity to return my property without being in violation of the current RO? Would it be in my best interest to have an attorney draft the letter so that the rights to my property are understood? Or do I just hope and pray that my property will be available in one year from now?
I have been without my possessions since November of 2015. Everything I own has had to be replaced as I was only able to grab some clothing items. This person has all of my financial records, birth certificate, Social Security Number, and those of my children as well. Everything she needs to commit identity theft is available to her. This has been devastating...please help!!
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