La Puente, CA asked in Divorce, Family Law and Domestic Violence for California

Q: I need to know my rights concerning my husband's belongings as he's currently in jail on DV with a restraining order.

His mother is harassing me through my mom demanding his belongings. I am refusing her presence at my home. She is insisting I put the things on the porch tonight. I'm refusing. I have every intention of getting that abusive soon to be ex husband of mine most of his belongings. When he's out of jail and I know he's at his mothers. The list she wants is all high dollar things (95% bought by me with an inheritance) that I know she plans on selling. I'm not ok with that. I'm ok with him getting them from my mom when he's out. Period. I should clarify that I have not started the divorce proceedings yet, he pled guilty to the lesser DV charges and is serving 120 days in jail with 3 years probation and I have a 200 yd CPO against him.

We live in San Luis Obispo county, CA

The TRO that expires had a move out order on it.

The CPO states:

That there is no contact.

No third party contact (I don't believe he asked her to do this )

2 Lawyer Answers
Andy Cook
Andy Cook
Answered
  • Domestic Violence Lawyer
  • San Diego, CA
  • Licensed in California

A: It depends what the court order says. Where are you writing from? Are you trying to file for divorce?

Dale S. Gribow
Dale S. Gribow
Answered
  • Criminal Law Lawyer
  • Palm Desert, CA
  • Licensed in California

A: more info needed.......

i would be reluctant to turn over your husband's belongings to anyone but him or someone hs instructs you to turn over to.

how would you know that is what your husband wanted.

is there a court order?

whenever you do turn over i would call the police to be there to preserve the peace.

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