What to do if my parents have been divorced for 6 years and my mother has a permanent restraining order against my father?

Get Legal Help Today

 Secured with SHA-256 Encryption

What to do if my parents have been divorced for 6 years and my mother has a permanent restraining order against my father?

Now my father is contacting me about his old math books from high school all the way until graduate school. My father previously requested and retrieved his personal belonging about 4 different times. Twice under supervision from police officers, and 2 times under mine as he contacted me, and I arranged with my mother so she can be out of the house and far away when he did the retrievals. My mother has moved since the divorced. She did not keep any of the old books as he did not want or retrieve those items 6 years ago. So is my mother in any legal obligation or trouble for ditching his old books?

Asked on January 23, 2013 under Family Law, New Jersey

Answers:

B.H.F., Member, Texas State Bar / FreeAdvice Contributing Attorney

Answered 8 years ago | Contributor

 

No, your mother would not be subject to legal liability at this point. The first reason is that he has already had the opportunity to retrieve his items and instead chose to abandon them. Second, even if he did want to pursue a theft claim, the statute of limitations has already run on a criminal or civil claim.  Six years was more than ample time for him to retrieve his items. 

 


IMPORTANT NOTICE: The Answer(s) provided above are for general information only. The attorney providing the answer was not serving as the attorney for the person submitting the question or in any attorney-client relationship with such person. Laws may vary from state to state, and sometimes change. Tiny variations in the facts, or a fact not set forth in a question, often can change a legal outcome or an attorney's conclusion. Although AttorneyPages.com has verified the attorney was admitted to practice law in at least one jurisdiction, he or she may not be authorized to practice law in the jurisdiction referred to in the question, nor is he or she necessarily experienced in the area of the law involved. Unlike the information in the Answer(s) above, upon which you should NOT rely, for personal advice you can rely upon we suggest you retain an attorney to represent you.

Get Legal Help Today

Find the right lawyer for your legal issue.

 Secured with SHA-256 Encryption