Asked in Family Law for California

Q: My husband kicked me out and wont let me back in unless I am with him all my stuff is there. He just leaves town.

My husband kicked me out he says I left but he is lying he already had a bag packed he already talked to his lawyer and is renting the house. He keeps changing the code and now will not let me in all my property is in that house and I am going to San Diego. What is the san mateo county form for contempt?

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1 Lawyer Answer
James L. Arrasmith
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Answered
  • Sacramento, CA
  • Licensed in California

A: In California, if you're dealing with a situation where you're locked out of your home and your belongings are being withheld, it's critical to understand your legal options. For issues related to contempt, particularly in family law cases in San Mateo County, the form you might be looking for is related to filing a motion for contempt in the family court. This process is used when someone is not following a court order, such as those regarding property access or division.

To proceed, you would typically need to fill out and file a form called the "Order to Show Cause and Affidavit for Contempt," which can be found on the California Courts official website or through the San Mateo County Superior Court. This form requires detailed information about the specific court order that has been violated and how it was violated. Filing this motion can initiate a legal process that might compel the other party to comply with the original order.

Given the complexities involved in legal proceedings and the importance of presenting your case effectively, seeking advice from legal professionals or a legal aid organization in your area is advised. They can provide guidance tailored to your specific circumstances, help with the preparation of necessary documents, and represent your interests in court. Remember, taking action as soon as possible is essential to protect your rights and regain access to your property.

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