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  1. #1
    Join Date
    Aug 2014
    Location
    East Bay
    Posts
    4

    Default How Can I Get My Personal Belongings Back from My Ex Who's Refusing to Give Them Back

    My question involves small claims court in the state of: California


    On July 28th, I came home from work to find that my ex bf had changed the locks. I was floored. It was his house and we were ostensibly broken up and living in separate bedrooms. Yes, I know, very unhealthy. I had caught him yet again, online in his chat rooms, secret emails, secret profiles, etc. That was in January. He started counseling and S.A. meetings. January thru May it was a roller coaster of emotions and his behavior became hostile, bitter, and unbearable. Hence why at the beginning of June I told him I couldn't take it anymore and told him that I was going to move in with my friends by the end of August if not sooner.

    The house was tense to say the least. We fought and I was constantly telling him he couldn't bully me by threatening me, crossing his arms over his chest and following me thru the house, snarling hateful things at me and basically trying to make my life miserable. As a side note, he had punched me back in 2012 and was arrested for DV. I didn't testify back then because I was afraid he's lose his job. Stupid me.

    So back to the night of July 28th, 2014. When I arrived home from work, I called the police to help me get back into the house only to find my ex bf had filed a false TRO against me. I had ten minutes to get inside with the police standing by, and grab what few belongings I could in two bags. When I went in the house, I saw that my ex had already been rifling through my things and my laptop. Made me sick.

    ALL my personal belongings are still in the house. Laptops, MAC computer, clothes, shoes, my daughters pictures, paperwork, etc etc. UGH!!!!!

    We had the first TRO hearing and it got continued to September 29th. My ex got an attorney, I could not afford one. I brought up my concern over my belongings still being withheld from me at my ex's house. The judge said that at the conclusion of the hearing, he would either rule that I was to be "restrained" and he's order that I could get back into the house with a civil stand by....OR.....He'd find my ex did NOT sufficiently prove his case and I wouldn't be slapped with an erroneous Restraining Order. I expressed my concern over the fact that ALL my personal property is still at the house I shared with my ex and the judge stated I could go through my ex's attorney to arrange getting my belongings.

    As I left the courthouse that day, my ex's hostile attorney, followed me out of the courthouse. He yelled at me stating that unlessI produced a key my ex thinks I have, then I won't ever get my belongings and he'd say that all my stuff was GONE. Wth?

    I wrote a very polite email to my ex's attorney stating that I'd like a peaceful exchange of belongings like the judge had advised. His attorney has refused to reply.

    I don't know what to do....

    Will small claims really get my ex to give ALL my belongings back?

    My ex sold his ex gf's boots, etc so I am extremely concerned he will do the same with my things. He has already taken my laptop and feels entirely justified to do so. His attorney implied that HE had all the power here and I had none in regards to property retrieval.


    I looked into Writ of Possession. What I understand about a Writ, its used : showing that the property is wrongfully detained by the
    defendant, of the manner in which the defendant came into possession
    of the property, and, according to the best knowledge, information,
    and belief of the plaintiff, of the reason for the detention.


    Can I also file a police report adding the documentation of attempts through email, to arrange when and how I can get my belongings?


    Please help! I am growing more panicky as time goes on and I have radio silence from my ex's attorney. I want to do something before the TRO hearing on September 29th.

  2. #2
    Join Date
    Feb 2011
    Posts
    576

    Default Re: How Can I Get My Personal Belongings Back from My Ex Who's Refusing to Give Them

    You are really at a huge disadvantage since your ex lawyered up, and it would NOT be advisable for you to start fighting back with legal actions you have little to no understanding of.

    Either find an attorney to represent you at the TRO hearing and arrange to recover your possessions, or resign yourself to possibly losing your possessions and worse yet the judge granting the restraining order.

  3. #3
    Join Date
    Aug 2014
    Location
    East Bay
    Posts
    4

    Default Re: How Can I Get My Personal Belongings Back from My Ex Who's Refusing to Give Them

    UGH.......how can that be legal? In the TRO paperwork he stated that I could retrieve my belongings with a civil standby and/or go thru his attorney to get my belongings back. So isnt that fair documentation that he has my stuff?

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