Note: The DearEsq free 'ask a lawyer' site is offered as a free informational service to the public and is not intended as legal advice. Laws vary from state-to-state, and in addition every situation is unique, and relevant facts may not be known. The answer to the question posed below may not apply to in your state or to your situation. For legal advice in your state and your situation you should consult with an attorney in your state who is familiar with the rules and laws in your state.
“My soon to be ex-wife removed all my belongings from my residence without my authorization. I had to obtain a court order signed by a judge to remove my stuff due to a restraining order placed on me. I went about doing everything the court and the police asked me to do. I emailed my landlord to tell him I was getting my stuff and he informed me that my wife had already removed the property and the apartment was empty. I had paid for the apartment until June 1st and told him I would be out by that date.
What legal rights do I have?
What paperwork do I need to file with the courts to get my items back?
What if all the items were thrown away, what recourse do I have?”
Assuming the facts are as you describe them above, your ex-wife has violated the court order, and the proper recourse for you would be to file a motion with the court, asking that the court enforce the order by forcing your ex-wife to return your items, or to make restitution for those which she may have disposed of. If she doesn’t comply she will be facing contempt of court, which carries with it some pretty stiff penalties, so she should cooperate.
