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How do I get a court order?

Floral Park, NY |

I am in the middle of a divorce and my ex has turned it into a very nasty divorce. He has changed the locks on the doors of our house, and has went and got an order of protection to keep me out. The order has expired. How can I get into my home to retrieve my belongings.

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Attorney answers 4


You need to retain counsel to represent you in this matter. You should not engage in "self help", Even if the order of protection has expired, it does not give you the right to enter your house to collect your belongings. You need your attorney to either negotiate this with your husband's lawyers or to apply for a court order giving you the right for temporary support and access to your personal belongings.


I'm sorry your divorce has turned nasty--they often do. You must be very, very careful not to give your ex any excuses to accuse you of anything. Do not go to the house alone, ever. Get an order from the court allowing you to go there with a sheriff or marshall to get your things, and ask for temporary maintenance and other financial relief until there is a final distribution of marital property. If you don't have an attorney yet, I recommend you get one immediately. It sounds like your ex has already got the upper hand if he's got exclusive occupancy of the marital residence. Good luck!


You should discuss the situation in detail with a local attorney - and, frankly, you're already behind the curve if you're in the middle of a divorce and haven't been represented to date.


It is unfortunate that you are involved in a contested action. I am interested to know why the order of protection was granted. Perhaps it was only a temporary order, or was granted on default. If there is a divorce action granted, you can make an application to return to your home and/or retrieve your personal items. Feel free to contact me at (516) 368-2484 to discuss your matter in greater detail.