AI Legalese Decoder: Navigating the Legalities of Removing a Girlfriend’s Belongings with an Order of Protection in Place
- April 22, 2024
- Posted by: legaleseblogger
- Category: Related News
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## Situation with Girlfriend and Her Child
My girlfriend recently made a serious mistake that resulted in her child being taken away, leading to a restriction preventing her from entering my home, where my own daughter resides. The court has mandated that this restriction will be in place for a year, contingent upon her good behavior. As the owner of the house, I am determined to ensure she does not return, especially given that she never contributed financially by paying rent during her six-month stay. Despite her potential legal rights as a former resident, the current legal ban is clear.
## Dealing with Future Scenarios
Looking ahead, I am concerned about what steps should be taken to prevent her from attempting to re-enter my home once the order of protection expires. Implementing measures to safeguard against any such future situations is paramount.
## Utilizing AI Legalese Decoder
In this situation, AI Legalese Decoder can be immensely helpful in delineating the legal implications of the court-mandated restrictions and providing guidance on how to safeguard my property rights effectively. By using this tool, I can gain a clearer understanding of the legal framework at play and explore options to protect my interests within the bounds of the law.
## Handling Possessions and Communication
Additionally, my girlfriend’s personal belongings are still in my house, complicating matters. One potential solution could involve temporarily relocating her possessions to a storage unit for a specified period, providing her with the opportunity to retrieve them or cover the storage costs. This proactive measure aims to remove any incentive for her to return and allows for a smooth resolution of the situation.
## Legal Compliance and Resolution
While communication with my girlfriend may be fraught at present, taking legally sound actions is crucial. Given that I reside in New York, it is essential to adhere to state laws and regulations throughout the process to ensure a lawful and equitable resolution. Leveraging the expertise provided by AI Legalese Decoder can offer further insight into the legal options available to me in this complex situation.
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NY has weird laws for disposing of abandoned property, but just because she isn’t allowed to your house doesn’t make it abandoned, especially to New York. I had a similar issue in NY and my recollection is you need the police to be involved as a way of verifying you have attempted to contact her and explain her rights/deadlines. I believe she is allowed to come with a Marshall if her property is located at a property where there is a protection order in place. You still need a legal eviction. You may want to consult an attorney on this one since I think you will likely need one for the eviction and protection order anyways.
You need to legally evict her. She still legally lives there, she just isn’t allowed to BE there while the order is in place. It could be dropped tomorrow and then things are back to normal. If you don’t want her to come back you MUST evict her. Anything else you do opens you up for trouble.
You need to provide the state. You are her landlord, you need to terminate her tendency properly, although that isn’t going to be difficult. Her property, what you do with it, is going to depend on state law and a few other things. But your plan is probably overall a good plan. Some states just have some weird requirements.
Only the Suffolk County Sheriff may evict a tenant, the use of any “self-help” methods (i.e. locking tenant out by changing locks or removing tenants belongings) by the landlord is against the law and may result in criminal prosecution.
A license to terminate a licensee proceeding is used when there are no financial transactions between the landlord and tenant. A ten-day notice is given to the licensee (in this situation the tenant is called a licensee) after the 10 days have passed, eviction documents are served on the licensee terminating their license to stay in the premises. The license to stay in the premises that the landlord is seeking to have the person removed is established by way of operation of the law because the person for one reason or another is staying in the premises without money being transacted.
Follow the process for evicting a month-to-month tenant. In New York, if she lived with you less than 1 year, you have to give her 30 days written notice. Also include a notice about her personal property. It appears that New York does not have specific requirements about left behind tenant personal property, so you only have to give her a “reasonable” amount of time to come get it. Giving her 30 days, or putting it in a storage unit would likely be reasonable. Take photos of everything. If she doesn’t pick it up, you can let the storage facility handle it following their normal processes for a lien sale if she doesn’t pick it up or start paying for the storage.
As others stated start the eviction process at your county sheriff’s office or county clerk. Minimal cost. Generally a minimum of 30 days. Starting that gives you time to deal with her belongings legally and permanently.
Protection orders are funny in this regard. She’s not allowed to go to your home but legally it’s still her residence. If you can’t find a third party to come get her stuff for her, doing a legal eviction instead of just tossing all her belongings will save you a lot of headache later.
Begin the eviction process, and cite the order of protection as a reason. If she has any friends or family nearby, notify them that you’re officially giving 90 days notice to retrieve her belongings, or to set a date and time for you to drop them off at one of their residences.
I would try to schedule a free consultation with an attorney, if at all possible, to go over the necessary next steps.
As a practical matter … she’s not permitted to be near your child, but she’s not banned from the premises or from being in your presence,
Do two things.
Start the eviction process as described above.
Give her an opportunity to come to the house and remove her property. The police will be glad to be there when she comes, to ensure that everyone behaves themselves. The police can’t evict her, they’ll be there to keep the peace when she retrieves her belongings.
As many have already mentioned you must start an eviction in court. If you move her belongings, return any mail or throw her possessions out you can be arrested.
Fully file for an eviction and attach the other order. I would pay for the stuff to either go to another family member or a storage unit.
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Move her things into storage that you pay for one month. Send her a certified letter or email stating the whereabouts.
Yes you have all the rights! Make sure locks are changed you have alarms cameras etc. pack up all her things & send them to her or her family so she has absolutely no ties to you. Block her on your phone social media and do no speak or engage with her at all. This is the part a lot of people fail don’t have anything to do with her period! She has no rights to your home especially if she never signed a lease agreement.
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