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How do I legally get my property from my ex boyfriends house after a domestic violence inncodent when I'm the victim?
Anonymous2 views4 answers
Recently my ex beat me up and I left town and now I want to get my property out of the house before I sign off the lease. How do I go about gettin my property legally? I want this to go as smooth as possible but my ex isn't making it easy.
The smoothest way is to get an attorney. The attorney will advise you specifically.
Generally you can file a claim for repossession of property (Repo). Then you may be able to enter the premises to reclaim your property. Your attorney will advise you on how this is done safely and smoothly.
I hope this helps you get started.
You may want to consider obtaing a domestic violence protection order. The documents and instructions are at http://www.courts.wa.gov/forms/?fa=forms.contribute&formID=16.
You may be allowed to retain possession of the residence and/or to obtain essential personal property. See the petition and instructions.
The court may assist you in preparing the petition and you may also seek to be awarded your attorney fees if you decide to use an to assist you at the court hearing.
I would suggest that you contact a family law attorney and get a 30 minute free consultation. You may contact me and I will be happy to discuss the issues and my ideas with you right away.
A DV order protecting you will put you in the driver's seat regarding your rental agreement. See RCW 59 18 520 or thereabouts. The decision to stay in the rental, or be released from the rental agreement is up to you. You are going to need to show your landlord your protection order. This order is one you get from the local Superior Court. They may have a victim advocate who can help you with the process.
As part of your motion for the order, you can ask the court to enter an order for the sheriff to help you recover your possessions. They'll do this. You are not the first person in this situation, and you won't be the last. You don't have to deal with your ex at all if that seems like a bad idea.
Hope this helps. Elizabeth Powell
If you are on the lease you have the right of entry and it's your ex who will get in trouble if he's there at the same time. But if you want smooth (and safety) arrange a civil standby with local law enforcement. Call 911, tell them it is not an emergency, and that you need to arrange a civil standby.
At your service,
