If my husband was removed from the home due to an order of protection but he hasn’t come to court or removed his belongings, what can I do?

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If my husband was removed from the home due to an order of protection but he hasn’t come to court or removed his belongings, what can I do?

It’s been 3 months.

Asked on May 27, 2012 under Real Estate Law, New York

Answers:

MD, Member, California Bar / FreeAdvice Contributing Attorney

Answered 9 years ago | Contributor

He cannot come to remove his belongings because he has an order of protection; he doesn't want to risk arrest. At this point, you need to figure out through your attorney or his attorney the best approach (police may also be able to help as a civil escort for your husband) to get his belongings. You may be able to arrange through these third parties to be out of the home when he can come in to remove his belongings and I am sure you can arrange to have either the police there or someone to ensure he doesn't take anything of yours. If he is in contempt of court, that is something your lawyer would need to take up through the divorce proceedings. If you wish to wait for the divorce to be finalized, the final resolution of his belongings can also be handled through the divorce decree.


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