Ellerbe, NC asked in Family Law for North Carolina

Q: My wife has taken a bunch of my personal items I had before marriage and says I’m not getting them back what can I do

My wife took out a Domestic violence protective order ex parte oh me by telling lies that are not true at all. I wasn’t allowed to come back to my house or see my son but we went to court and the judge allowed me to come back home and to see my son but two days after taking out the order my wife and my son moved in with a Nother guy that is her boyfriend. The first day I came home after the judge 11 to come back home my wife I cleaned out my house and taking pretty much everything she took marital property and my personal property search is my guns and tools from my dad and grandfather and she says I’m not never getting them back is that legal and what can I do about it?

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1 Lawyer Answer
Amanda Bowden Johnson
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Answered
  • Jacksonville, NC
  • Licensed in North Carolina

A: Based on your description, a lot of what you say she has done is likely not legal. According to you she has likely committed perjury to use the court system against you, stolen your personal property, likely committed adultery (which is technically still a crime here in good ol' boy North Carolina) and seems to have basically gotten away with all of it. Further, she seems to think either that there is nothing you can do about it or that you simply won't do anything about it, even to the point of seemingly taunting you with a smug statement that 'you are never getting the property back.' Assuming you want to limit your options to legal options - you can hire a local family law attorney. While there are many possible out comes, the most likely will be that you spend a small fortune worth far more than the property you are trying to get back to maybe get back a mere few bits of your property likely in a very damaged state of course, if at all some time years from now. Along with a divorce and being saddled with child support payments and possible spousal support payments. So consult with several attorneys and go with the one you feel lays out the best options for you. Best of luck.

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