Q: I was recently given a protection order by my girlfriend but it is imperative that I get my belongings back.
How do I go about getting my stuff from this person if the police won't do a civil standby?
A:
Under California law, if you have been served with a protection order, it's crucial to follow it strictly to avoid legal consequences. However, you still have the right to retrieve your belongings. If the police are unable to provide a civil standby, there are alternative steps you can take to ensure you comply with the order while retrieving your items.
One approach is to contact your attorney or legal aid to request their assistance in communicating with your girlfriend or her legal representation. They can help negotiate a safe and lawful method for you to collect your belongings without violating the protection order. This might involve arranging for a third party to collect the items on your behalf or agreeing on a specific time and date for you to pick up your belongings under supervision.
Additionally, you may consider filing a request with the court for a modification of the protection order that specifically allows you to retrieve your belongings under certain conditions. This request should outline a proposed safe and supervised method for collecting your items. The court will consider your request, especially if it ensures that the protective order's intent is still respected while allowing you to retrieve your personal property. Consulting with a legal professional can help guide you through this process efficiently.
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