Recovering Personal Property After Issuance of a Personal Protection Order

[jiggy]

I understand the importance of a protection order and the purpose it was designed for. What I don't understand is how it can be issued with no justification besides her word with no police records or witnesses of any events claimed.

This is one case rather anyone cares or not that a woman wanted our home and automobiles using it to retain my personal possessions to force me into signing over my ownership as she was never harmed or threatened.

The court made no provison legally for me to obtain my property. her lawyer has already said sign over and you can have your things back. I don't owe her a home. Everyone said hire a good lawyer, I'm on the second one to be fired soon as they have done nothing to protect my vested interest or personal property as a citizen.

No men bashers please and thank anyone in advance that can give me some legal direction. The lawyers so far have only wanted more money and sat on their hands with no results. I cannot be the only male this has happened to. If there are petitions to the court, what are they called that I may read them and know how to refer to them for the next lawyer.

[Xena]

I understand the importance of a protection order and the purpose it was designed for. What I don't understand is how it can be issued with no justification besides her word with no police records or witnesses of any events claimed.

This is one case rather anyone cares or not that a woman wanted our home and automobiles using it to retain my personal possessions to force me into signing over my ownership as she was never harmed or threatened.

The court made no provison legally for me to obtain my property. her lawyer has already said sign over and you can have your things back. I don't owe her a home. Everyone said hire a good lawyer, I'm on the second one to be fired soon as they have done nothing to protect my vested interest or personal property as a citizen.

No men bashers please and thank anyone in advance that can give me some legal direction. The lawyers so far have only wanted more money and sat on their hands with no results. I cannot be the only male this has happened to. If there are petitions to the court, what are they called that I may read them and know how to refer to them for the next lawyer.

I'm confused, when you posted a few months ago you were a woman, but now you are a man?
Please explain:
http://www.expertlaw.com/forums/showthread.php?t=27620

[jojo4]

Maybe you are still the 'girlfriend' from the other thread and the new woman filed to take out a PO against you for harassement?

It's either that, or you are just trying to find out if the system is more lenient with one sex than the other.

[jiggy]

If gender wasn't an issue you may not have focused of that. My personal property and how this was done to deprive me of investment should have been. As always, everythings good until it happens to you or someone "you" care about. I'll leave it that and assume you know of no legal remedies. There is only good and bad and in this case as in many others, the law has been afforded for the reason's I stated without consideration. If you agree with how the law is used for someones personal gain then I forgive you and hope you never walk in those shoes to see what limit you'll reach out to for justice.
Take Care

[jojo4]

No, we are just trying to figure out if you are the girlfriend that got kicked out and the new GF is keeping your things OR if you are the boyfriend and the GF is keeping your things.

Just a bit confused.

For what it's worth, from what you have posted, I think that it is flat out wrong. A restraining order doesn't strip you of you possessions. But you state that you did sign over ownership to her.

So, I ask again...who are you in this scenario?

[jiggy]

This is a very sensitive subject to contend with and it's not my intention to offend anyone. I've been grabbing at straws for answers. After this experience, I cannot help but believe that the courts are biased and so might anyone after hearing you were found guilty for being man. As if thats some kind of joke. It may be in the legal community. I reversed the situation to see if anyone would help a female under the same conditions. I left my previous attempt there intentionally, at this point I don't care about gender help. I am asking as a human being.

I never signed over the house or car. The opposing attorney said they would return whats on the list and thats the only way I get my property returned to me. Sign off the home and car!

The first lawyer I hired did nothing but charge me 3 months for emails and phone calls wanting to know when something would be filed. Claiming she was suing for partioning of the property. Never happened.

The second lawyer filed for common law divorce. The opposing Attorney refused to accept because he used my last name which is whats listed as hers on some house documents, even though she has no id indicating thats her name. Now he wants more money and my advice on how to proceed without explaining the ramifications of my decision to change her name to how they will accept. I'm sure it's not in my favor. His last word of confidence "I'll have your things for you in two weeks and a petition to go in for your things". I think it's a snow job.

This woman came to Texas with nothing. I sold my home and used the money for a down payment, a room addition on the house and to purchase the car. The Judge said off the record that my personal items would be returned. I was given my clothes and this computer.

Leaving all my furniture, tools, motorcycles, appliances, utencils, files, dog (yes my registered dog I had before her). These are not cheap throw away items but I've seen no relief or provisions to insure any of my items are even safe there.

All I wanted was my original investment in the home and car back along with my property. This was a low handed approach to rob me and so far it has worked. Nothing more than a legal gun held to my head.

Someone claiming to be afriad is not justification in my mind to have another thrown in the street and property seized for monetary gain. As I said previously there was no evidence of violence or dispute in my home and this woman stated just that on the witness stand!

I don't want her or the house or the car, I just want whats legally mine and fair or some symbolence of it would be nice. If there are petitions I'd like to know whats possible.
Thank You

[deadlock]

Do not sign away the house and the car. You need the court to divide marital property. It sounds pretty close to blackmail to me!

In Texas, a man and woman who want to establish a common-law marriage must sign a form provided by the county clerk. In addition, they must (1) agree to be married, (2) cohabit, and (3) represent to others that they are married.

Are you legally married by common law?

A protective order has nothing to do with the division of property.

Do you have or can you obtain documentation of sale of your premarital separate property; a bank record of that amount deposited into an account, and; a record of that same amount being used for a deposit on your home?

The separate property establishes your interest in the home. If you do the same with the car you have an additional factual financial record of your separate property.

Dividing the marital property is a business deal. You need to have a legitimate divorce and the court will make the decision about how the property is divided.

Why do you not believe this attorney. He filed for divorce for you because it is in your best interest to get the divorce and be the first in court to present this situation. Trust someone other than yourself. You need an attorney.

The dog is your dog. Get the dog. Tell your attorney you want to go get your property and ask him to file a motion for you have an escort to enter the home to obtain your dog if in fact there even is a protective order. Do you believe there really is one?

[jiggy]

I am certain that a Protection Order is in place. I asked the Judge to allow me an escort to retrieve my things and it was denied. All my personal files inside the home besides vital statistics were never returned. By keeping my records at home with no access, I'm sure they have been disposed of. I have the financial documents from the bank(thank God for electronic bill pay). I have the registration for my bikes. All my reciepts were in my files for the furniture and tools. The dogs pedigree papers I can have a copy made of if I get my day in court.

The problem I have with the lawyer is I gave him a retainer, he filed the divorce papers the way he wanted and charged me an hour for talking to her lawyer? He agreed to accept the petition until it hit his desk. So the games begin before anyone gets served at all. I get the bill for this and over half of what I gave him is not used but he's asking for more and to sign a contract to continue his services making my antenae go up.

My questions would be why is he talking to her lawyer before making a move to serve her? We are not at the negotiating juncture yet, so in my mind theres nothing to talk about. Why was it filed that way in the first place when I said common law and he had her name from the P/O court documents? If there is such a motion why wasn't it filed first to establish a more even playing field?

I'm looking for a no nonsense attorney that I feel is serving my interest first and the steps above have concerned me thats all.
So is there a motion? If so whats it called?
Thank you

[deadlock]

From what you have said in this post I don't you can do this without an attorney. Each Domestic Court has forms and procedures specific to them. You already have appeared in court representing yourself and you lost the ability to get your personal things from your home.

Please read 3. of this link regarding general orders.

http://www.raggiolaw.com/Dallas%20Co...ng%20Order.pdf

I don't know what happened with your first lawyer. It doesn't matter but you are nitpicking about your second attorney. Attorneys discuss your case with each other as well as the court, they do research, they file motions and and other documents with the court. It is business as usual. They are going to negotiate because you and your wife cannot.

You need to be asking your attorney big picture questions such as:
"What will this cost me low to high ball park figures?"
"Can you estimate how long this might take?"
"What is your experience in common law divorce cases?"

She has a protective order against you. I don't know why nor do I need to know. I do know that it is a legal document that describes you to the court. Perhaps that is why you are being so secretive and you don't want your attorney to know what precipitated the protective order. It doesn't matter to me. I am trying to tell you that it is essential you tell your lawyer the truth so that person can help you.

When you present yourself in such a way that members who are trying to help you can't figure out if you are the wife, girlfriend, husband or a friend of a friend, you make it difficult to help you. It doesn't help to play games. That might be harmless on a forum, but I caution you not to do that with an attorney. You might really get burned.

[jiggy]

Thank you Deadlock,
And you're right I am being nitpicky about this lawyer as I don't know the legal way things are done and believing if I told the truth was all I needed to do was the wrong move in court. I should have hired someone and only myself to blame.

The story that was told in court was so full of holes Ray Charles could see through it. Theres nothing secretive about what happened and the why of it is obvious by with holding my possesions for the sole purpose of getting more from a relationship that was ended.

I could say till the cows come home I did nothing to this woman to deserve this but it wouldn't change the fact that my things are locked away in trade for my signature.

I am grateful that her lawyer stated that in writing as some form of evidence they had no intent of being fair with me.

Splitting the sheets was never an option unbeknownst to me until I was removed from home with a fabrication of fear. At least Chicken Little honestly thought the sky was falling.

Anyone can do a search on the web for persons being falsely served with PPO's and read these horror stories. I never had reason to read them before and had someone told me these things I would have thought something wasn't being said also. Having lived it, I can only imagine for the most part those stories are true. It appears all thats needed is a statement with no facts supporting it to be at fault.

I apologize again to everyone for the confusion, as I said, I was grabbing at straws.
Take Care