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  1. #1
    Join Date
    Sep 2011
    Posts
    2

    Default Recovery of Property by Person With a Restraining Order

    My question involves restraining orders in the State of: Florida

    I live in IN. and the restraining order was taken out in FL., by my boyfriends ex-wife. She wasn't able to get one against him, but without showing any proof to the judge, one was placed against me. She claims that I threatened to kill her and her 85 yr. old mother. Here's my question: Yesterday she showed up unannounced to OUR home in IN. with her family and a local officer to retrieve the rest of her belongings. The judge's order states that my boyfriend has 30 days "to get her belongings to her". When she told the officer that she has a restraining order against me, the officer told me to go back inside my house. I was not allowed to stand in my own yard. So with that said, what are my rights? How can someone with a restraining order against me, come to my house and stand out there mocking me, intimidating me, hollering at me and I have no rights? I'm scared to death of this woman! She is nuts!! Please help!!

  2. #2

    Default Re: What Are My Rights

    You're living in a house with her stuff in it - stuff that was there BEFORE you were. That's on you and your BF. If he didn't want her showing up to claim her stuff, he should have sent it to her or made other arrangements for the stuff to not be there, as the court advised him to do. You have the right to be made at HIM for not dealing with the issue and getting her stuff out BEFORE moving you IN.

  3. #3
    Join Date
    Sep 2011
    Posts
    2

    Default Re: What Are My Rights

    There is a court order for her belongings to be exchanged to her, within 30 days. The order did not say that she could come here, unannounced with her family and take the items. During the provisional exchange, here at the house, 5 officers and a detective had to respond. She was repeatedly warned by these officers to get her belongings and get going. At one point the judge was called and the officers were told to physically remove her from this house. This is what we are dealing with. My question isn't about giving this lady her belongings, which we will do at a set time and place, according to the judge's order. My question is what are my rights, regarding this restraining order, and her coming to my home? I was not allowed to stand in my own driveway, or yard, to protect my home because she came here. She is allegedly afraid of me, but can come to my home and harass me? I have no recourse?

  4. #4

    Default Re: What Are My Rights

    If you've got demonstrable damages, you can sue for them. Police obviously didn't find reason to make an arrest, so unless she broke something or caused some other form of damages, it's a done deal. The court isn't going to have a problem with her getting her stuff (which the court did order returned to her, even if it didn't specify the how, when, etc.) with law enforcement present - they did their job by making her leave when her behavior became inappropriate. The whole point of a restraining order is to prevent violence, assault, or other crimes from being committed. When officers are on scene for people to do things like pick up kids or property, the same thing is accomplished. She got her stuff, and was removed. Now that her stuff is out, she's got no reason to be back. If she returns, then you have recourse under the order. Make sure that ALL of her stuff is returned and then wipe her off your shoe.

  5. #5
    Join Date
    May 2011
    Location
    Illinois
    Posts
    1,376

    Default Re: What Are My Rights

    Quote Quoting dedemiller
    View Post
    There is a court order for her belongings to be exchanged to her, within 30 days. The order did not say that she could come here, unannounced with her family and take the items. During the provisional exchange, here at the house, 5 officers and a detective had to respond. She was repeatedly warned by these officers to get her belongings and get going. At one point the judge was called and the officers were told to physically remove her from this house. This is what we are dealing with. My question isn't about giving this lady her belongings, which we will do at a set time and place, according to the judge's order. My question is what are my rights, regarding this restraining order, and her coming to my home? I was not allowed to stand in my own driveway, or yard, to protect my home because she came here. She is allegedly afraid of me, but can come to my home and harass me? I have no recourse?
    The court's order was that she could retrieve her belongings. It seems as if she has done so. Your rights were not violated. You stated that the officer's maintained as much order as needed for the level of aggression that she displayed. Now, it's over. She has her stuff, and seemingly, no reason to return to your residence. If she shows up again, you have the right to call the police and inform them that you are in your home and she is outside causing a disturbance. Once you open the door, all bets are off. If you respond to text messages, you are caught dead to rights. If you pick up a phone call because she's calling at 2 am and interrupting your sleep, you may have issues as well. Keep your distance, maintain no contact. She got her stuff. The police were there, so let it go.

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