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Regaining Property

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pancakes

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

In 2009 I resided with my (at the time) boyfriend and my two children in CA. Due to domestic violence where he assaulted me in front of the two children (one was 3 and the other 4 months) he was arrested. I packed up the next day what I would be able to carry onto a plane and left with my kids to VA (where my family was). Because I left the state, and this was a first offense, the DA required him to take DV classes and then, I believe, dropped the case.

After the expiration of the restraining order 7 months later, I requested that he mail me all of my belongings. I agreed to reimburse the cost of the necessary postage. He has sent me pictures of my boxes but refuses to send them. His excuses are that he is too busy, he doesn't have the money, etc. I want to go to court to regain my possessions but am unsure if I file in VA or CA. I have the picture that he sent me as well as multiple emails over the past two years, but I don't have receipts...will that matter? I just want to gain some closure and to not have this repeatedly used as a bargaining chip. Thanks in advance.
 


OHRoadwarrior

Senior Member
You must file in CA. You will likely find it an expensive uphill battle unless you can prove what is there and provide receipts.
 

pancakes

Member
I appreciate your reply.

So that I may educate myself, why does it need to be filed in California? Is it because he still lives there and therefore would be enforceable? Someone had told me because I was a resident of Virginia I should file here, which sounded too good to be true....thus why I asked here.
 

swalsh411

Senior Member
Yes that is why. A Virginia court would have no jurisdiction. This "somebody" should not be giving legal advice.
 

HelloTexas

Junior Member
It seems the legal options are not easy and I hope you don't mind a suggestion for an approach outside that in case no other option arises. Do you think he would cooperate if you arranged for a pick up by common carrier, or for a common friend in California to pick up the boxes from him and then mail them to you?
 

pancakes

Member
Thanks to everyone who replied. Unfortunately, I don't have receipts.

It seems the legal options are not easy and I hope you don't mind a suggestion for an approach outside that in case no other option arises. Do you think he would cooperate if you arranged for a pick up by common carrier, or for a common friend in California to pick up the boxes from him and then mail them to you?
I don't think it would actually happen. I could see him agreeing, and then when push came to shove he would do something like just not answer the door. He blames me for the DV, stating that it was my fault it happened, despite the evidence and police reports to the contrary. He also thinks there is a conspiracy that the state of CA is involved in due to him being ordered to pay child support. I think the legal route is the only way to go with this, but I do thank you for your suggestion.
 

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