Sacramento, CA asked in Criminal Law, Domestic Violence and Family Law for California

Q: Criminal protective order granted what can I do with her stuff that’s still in my home. It has been almost two months.

My son and myself have been granted a criminal protective order against my son’s mother. She is ordered to stay away 100 yards from my home, truck, job site, and myself and son for three years. I want to get her belongings out of my house but she has not made any effort to collect them. What the steps to removing her items from my home. Can I rent a storage and pay for it for a month? Leave her items in the driveway and tell her to collect? I feel she is leaving them at my house as a way to further engage with me and start drama.

2 Lawyer Answers

A: Because you have a protective order, it will be hard to argue that she has abandoned the property. Your idea of renting a storage unit, paying for a month, and telling her where her stuff is would be what I suggest you do. Under the circumstances, if I were you, I would carefully document everything by taking copious photographs of what you pack up and move to storage as I anticipate she will claim that you kept some of her property. For smaller items, I would lay out on a flat surface items, write a clearly visible number on a box, photograph or video the items and box, pack the items into the box, and take a photo of the box actually inside the storage unit. If there are any really expensive items like non-costume jewelry, you might consider addressing those separately using a delivery service that can verify delivery of the items to her.

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James L. Arrasmith
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Answered

A: Under California law, you have a few options for handling her belongings while respecting the criminal protective order. Since she is ordered to stay away, you should not directly contact her. One option is to send her a written notice, through certified mail, informing her that she has a certain period (typically 15-30 days) to arrange for someone else to pick up her belongings. Make it clear that if she fails to do so, you will take further steps to remove her items.

If she does not respond or arrange for the pick-up, you can rent a storage unit for her belongings. Document everything you do, including taking photographs of her items and keeping copies of the rental agreement and any notices you send. Notify her in writing of the storage location and that you have prepaid for a month. After this period, the responsibility and cost of the storage unit will transfer to her.

Do not leave her items in the driveway or any public area, as this could lead to potential disputes or claims of damage. Keeping a detailed record of your actions will help protect you legally. By following these steps, you can ensure you handle the situation appropriately and within the bounds of the law.

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