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How do I get possessions if wife has an Order of Protection against me?

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Joseph Haggerty

New member
My wife was granted an Order of Protection which prevents me from going to our house or calling/texting her. I was told that I could collect my belongings if I'm escorted by an officer. My wife agreed to this - she even agreed to allow me to go there without a police escort but I know better. My wife made the reasonable request that my lawyer provides her lawyer with a list of items. My lawyer first said she'd send the list after reviewing it. She later said the list has to be submitted via affidavit to the court and the judge has to decide before I can collect my belongings.
I've been homeless for 2-months during a pandemic. We have a 4-yr old together that I see as often as my wife will permit (there is no custody ruling in place). I took out a loan in order to get an apartment (I have to continue to pay all the bills on the house, car, phones - they're all in my name anyway). All of my possessions but a suitcase of clothes are in the house. All the furniture in the house was mine before we got married. I am willing to only take items that my wife agrees to (for now). Due to Covid, it could be months before I actually speak to a judge, let alone get a ruling. Winter is coming and I'd rather not have to buy all new everything when I already own it.
Why can't I collect some items that my wife agrees to if I go to the house with an officer, or have friends collect the items?
 


Just Blue

Senior Member
My wife was granted an Order of Protection which prevents me from going to our house or calling/texting her. I was told that I could collect my belongings if I'm escorted by an officer. My wife agreed to this - she even agreed to allow me to go there without a police escort but I know better. My wife made the reasonable request that my lawyer provides her lawyer with a list of items. My lawyer first said she'd send the list after reviewing it. She later said the list has to be submitted via affidavit to the court and the judge has to decide before I can collect my belongings.
I've been homeless for 2-months during a pandemic. We have a 4-yr old together that I see as often as my wife will permit (there is no custody ruling in place). I took out a loan in order to get an apartment (I have to continue to pay all the bills on the house, car, phones - they're all in my name anyway). All of my possessions but a suitcase of clothes are in the house. All the furniture in the house was mine before we got married. I am willing to only take items that my wife agrees to (for now). Due to Covid, it could be months before I actually speak to a judge, let alone get a ruling. Winter is coming and I'd rather not have to buy all new everything when I already own it.
Why can't I collect some items that my wife agrees to if I go to the house with an officer, or have friends collect the items?
What State?
 

adjusterjack

Senior Member
Why can't I collect some items that my wife agrees to if I go to the house with an officer, or have friends collect the items?
That's easy. There's an order of protection out on you. Your wife is flip-flopping for one reason, and one reason only - to f--k you over.

My ex wife did the same thing to me and I had to break into my own house at night to retrieve all the important stuff and by the time the divorce was over everything else was gone.

Doesn't matter what you owned before you got married, it's all marital property now.

If you want to salvage any of your belongings, you need to get your lawyer off her ass, file for divorce, and get a court order allowing you to retrieve your stuff.
 

Zigner

Senior Member, Non-Attorney
That's easy. There's an order of protection out on you. Your wife is flip-flopping for one reason, and one reason only ...
That's possible, but we don't know who, exactly, the pronoun "she" referred to here: "My lawyer first said she'd send the list after reviewing it. She later said the list has to be submitted via affidavit to the court and the judge has to decide before I can collect my belongings." Based on that, it sounds like the attorney is telling the OP that he needs to submit it to the court and ask for an order.
 

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