Question:

I have a Restraining order on me from my Ex-Fiancee. When does no access to my property become Theft? ?

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Does this apply to me?

A woman may take possession of all, or some of your separate property either to protect herself from the possibility of you taking the property, for spite, or for other reasons. Those actions constitute theft. The owner of property taken by theft can bring a civil action against the taker and any person in whose possession he finds the property.

Theft may involve a girlfriend, someone you are living with, a wife, or other female relative, e.g., a sister-in-law.

A common way a woman takes your property is by filing a restraining order claiming domestic violence or abuse, forcing you to vacate the premises and not come near her.

I have vacated the house. Right now we are both on the lease, but she has agreed to take over the lease. I dont want her to do that until I get my property out. I have a new apartment. But, no furniture. My attorney and her attorney have come up with about 6 different acceptable ways to remove my property to include hiring a off duty COP, but she has rejected them all. I am about to request a motion for a court order to have the judge tell her to allow me access to my property.

1. Since she is being unreasonable and I have to file a motion, is there a way to have her pay for the court costs for with regards to the motion for being a pain in the butt.

2. At what point will it be considered Theft?

BTW, my EX drove to the police station after an argument over me hiding her sleeping pills in our home. She laid down on the sidewalk at the police station and flagged down COPs as they left and said I beat her. Somehow, she got abrasions on her arms and legs. She said I pushed her in the back and could hardly walk. She was rushed to the hospital. Our house guest (one of her best friends) saw her before she left the house and is going to testify that is was uninjured, strangely calm, cold, and focused before she left and I was trying to reason with her. Wish me luck, but I need my stuff. Been living out of a suitcase for a month now. Need help.

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2 ANSWERS


  1. You can go to her house with the police and only with the police. It's called a property pick up and she has to be there, however the police will not say "this is your couch and you can take it" or whatever. You can get your clothes, meds and other things like that, but when it comes to furniture, that's all a civil matter. If she damages it, and it's determined to be yours in civil court then she has to pay you for it. It will never be considered theft.  


  2. i call a local attorney or law enforcement official

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