My friend is getting ready to fo through a nasty divorce. She moved out of the marital home, but has come back a few times to get things. She went in last night and found a document that stated she was prohibited from taking anything from the house or making harassing phone calls. We both think it's not legit, but aren't sure. Wouldn't she have to be served in person at work or home? Wouldn't it at least have the state seal on it? Doesn't she have a right to take anything she wants from the house?
2007-06-18 09:27:39 · 5 answers · asked by Ms. Mimsie 5 in Politics & Government ➔ Law & Ethics
Actually, there was a space for the name of the issuing judge, but it was blank.
2007-06-18 09:44:22 · update #1
A restraining order would be served by the local sheriff's department. If she is not served, then the order technically is not in effect. Even if she found it at the house, she still was not served and the order does not go into effect until the person is served. She should have called the police right then, because they also would be aware if there was an order. Also, no restraining order I have ever seen prohibited things from being removed from the home. They prohibit contact between two people, they don't dictate what someone can take with them when they break up! It sounds like this guys is trying to screw her over. She should probably contact the local police or sheriff and get the real deal... also take the document, and if/when it proves to be false let the police charge him for whatever (I don't know but I'm pretty sure that this would violate some law).
2007-06-18 11:50:38 · answer #1 · answered by bendypants 3 · 0⤊ 0⤋
She left the house, so that does not necessarily give her the right to go back and collect things - - even if it is her personal underwear.
Restraining orders do need to be signed, but I don't know that there is a seal.
If you genuinely think it is counterfiet, take it to the local police department, explain the situation, and ask. ALSO speak to them about her ability to collect her personal belongings. They may be able to assist, including going with her to make sure she is not harmed in the process and they can also witness that she took nothing that was not clearly her own personal property (like clothing).
If the paperwork is legit I would imagine it is only a temporary order and the she will have to appear in court before it could become permanent. She should be prepared to ask for access to collect her personal belongings from the house, too.
2007-06-18 09:34:49 · answer #2 · answered by nova_queen_28 7 · 2⤊ 0⤋
Actually, that's pretty standard as far as keeping her from taking things. Judges, without having decided how things will come out, will typically try to preserve the status quo until the proceedings are resolved. This prevents parties from hiding physical assets (think art, antiques) from the other party.
There should be a number on the restraining order to call or, at minimum, an issuing entity (like police department or court). Call them and ask questions. It's still court hours almost everywhere in the US.
2007-06-18 09:34:56 · answer #3 · answered by tara k 3 · 2⤊ 0⤋
Better make sure it isn't authorized, but just in case it is don't take anything. It probably isn't lecit because you could say you never saw it.
I think they need a signature or witness that you got it.
2007-06-18 09:37:28 · answer #4 · answered by Anonymous · 0⤊ 0⤋
not an expert,but if she has stuff in the house she can get it.show a lawyer the restraining order.
2007-06-18 09:34:13 · answer #5 · answered by Anonymous · 0⤊ 0⤋