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Advice Please - Fatal Attraction

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shawanba

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

I recently moved out of my boyfriend's house, with the assistance of my children and their friends. However, I failed to collect all of my belongings. The same evening that I moved, I emailed him about the remaining items and received numerous profane threats throughout this evening and for the next few. On 1/10/11 I was awarded a temporary domestic violence injunction. The same day I filed for this injunction, I also filed a small claims case to retrieve my belongings.

Before filing either of these cases, the defendant would not answer the door on two occasions that I tried to retrieve my belongings: one when my son knocked for twenty minutes and the second when the local police accompanied me the next evening.

I have emails proving the unstable character of the defendant, which applied to my domestic violence case. For example, he set up fake accounts for both he and I (without my permission) on a sex web site and then sent me vile messages insinuating disgusting acts. (The DV judge called this case a Fatal Attraction, but would not grant me a permanent injunction) At one point, before being served, he tried to manipulate me via email to return to him by holding my possessions as bait.

When we appeared before the domestic violence judge, (I was not awarded a permanent injunction) at the very last the defendant offered to the judge to allow me to pick up my belongings. (The defendant had already been notified by certified mail to appear on 2/22/11 for pretrial conference in the small claims case.) This judge asked me if there would be a problem, to which I replied that I wanted my court costs for the impending small claims. ( I do not believe this judge heard me or understood what I was trying to explain about the small claims case already in process.)

Since this time, the defendant has sent an email now confirming his violent outburst the night before I moved out, which resulted in my injunction. Furthermore, he sent an email announcing his feelings of missing me. Simultaneously, the defendant emails me as to when I will pick up my things (since he believes I agreed to this in the domestic violence court) which he has placed in his carport. I have not replied to any of the emails because I do not trust him and still fear for my safety. He has PTSD, ADD, and other medical conditions for which he takes prescription meds. He has firearms which he lied to the judge about. My case for not picking up the items stems from these previous emails proving his unstable character, the temporary injunction, and the fact that I tried several times before filing the small claims case to set up a date and time and the defendant did not answer the door or would not agree to my request.

Today, he called my phone and left a message stating that he is tired of looking at the pile of stuff, a reminder of me, and on Sunday will place my belongings on the the street. What should I do? your state (only U.S. law)?
 


sandyclaus

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

I recently moved out of my boyfriend's house, with the assistance of my children and their friends. However, I failed to collect all of my belongings. The same evening that I moved, I emailed him about the remaining items and received numerous profane threats throughout this evening and for the next few. On 1/10/11 I was awarded a temporary domestic violence injunction. The same day I filed for this injunction, I also filed a small claims case to retrieve my belongings.

Before filing either of these cases, the defendant would not answer the door on two occasions that I tried to retrieve my belongings: one when my son knocked for twenty minutes and the second when the local police accompanied me the next evening.

I have emails proving the unstable character of the defendant, which applied to my domestic violence case. For example, he set up fake accounts for both he and I (without my permission) on a sex web site and then sent me vile messages insinuating disgusting acts. (The DV judge called this case a Fatal Attraction, but would not grant me a permanent injunction) At one point, before being served, he tried to manipulate me via email to return to him by holding my possessions as bait.

When we appeared before the domestic violence judge, (I was not awarded a permanent injunction) at the very last the defendant offered to the judge to allow me to pick up my belongings. (The defendant had already been notified by certified mail to appear on 2/22/11 for pretrial conference in the small claims case.) This judge asked me if there would be a problem, to which I replied that I wanted my court costs for the impending small claims. ( I do not believe this judge heard me or understood what I was trying to explain about the small claims case already in process.)

Since this time, the defendant has sent an email now confirming his violent outburst the night before I moved out, which resulted in my injunction. Furthermore, he sent an email announcing his feelings of missing me. Simultaneously, the defendant emails me as to when I will pick up my things (since he believes I agreed to this in the domestic violence court) which he has placed in his carport. I have not replied to any of the emails because I do not trust him and still fear for my safety. He has PTSD, ADD, and other medical conditions for which he takes prescription meds. He has firearms which he lied to the judge about. My case for not picking up the items stems from these previous emails proving his unstable character, the temporary injunction, and the fact that I tried several times before filing the small claims case to set up a date and time and the defendant did not answer the door or would not agree to my request.

Today, he called my phone and left a message stating that he is tired of looking at the pile of stuff, a reminder of me, and on Sunday will place my belongings on the the street. What should I do? your state (only U.S. law)?
You want your stuff, and you want to get it safely, right? Time have a 3rd party contact him to arrange a pickup, then call the police out there for another escort and get them. Before Sunday. If you don't make an effort before then, the ex could possibly claim you have abandoned the property altogether (and he might even win that claim if you were to challenge it).

He offered, in front of the judge, to allow you to get your belongings, but that doesn't mean he has to wait forever for you to do it.
 

shawanba

Junior Member
How does this action affect the small claims case?

I can have my son contact him on my behalf to collect the items set aside.

I do not know what he has gathered or if these items are everything.

Once I retrieve the items he has set aside I can see what still remains in the house as I have a list. He may not have collected everything.

How does this affect the small claims case? I paid $277+ to file and this is what I want to recover from him in addition to my belongings.
 
I can have my son contact him on my behalf to collect the items set aside.

I do not know what he has gathered or if these items are everything.

Once I retrieve the items he has set aside I can see what still remains in the house as I have a list. He may not have collected everything.

How does this affect the small claims case? I paid $277+ to file and this is what I want to recover from him in addition to my belongings.

You want your stuff? What is it worth to you? If he is as dangerous as you say he is, get what little he has made a available, and get on with your sole and separate life.
 

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