Restraining order theft

[Igotscrewed]

Here's the run-down of my situation:

I recently ended a relationship with a woman I had been with for 4 years. A few days after she left the apartment we had together, she filed a restraining order on me. She claimed I had hit her although I have never, and would never strike a woman. These charges resulted in me being unable to return to the apartment where all my clothes, tools, and other belongings were. I stayed with a friend while waiting for the court date which was today. I successfully presented my evidence against her allegations in court and the judge declared the restraining order to be void since she could not prove I had done anything. I don't want to move back into the apartment (she can have it), but I do want my belongings back. The court advised me to return to the apartment with police present to get my belongings. This is where the problem begins.
Almost everything in that apartment is mine. The furniture, new LED TV, stereo system, a brand-new $1700 bed, etc. were all bought by me. She told the police that accompanied me to the apartment that all those things were hers, so they wouldn't let me take any of it. All they let me take were a few boxes of stuff that she said was all of my belongings (everything she doesn't care about).
So basically, her lies have allowed her to legally steal over $10,000 worth of my belongings. I did not get my clothes back (I got some, but nowhere near all), nor did I get my tools back which I desperately need for work. She has no job, so I believe she has sold them to pay the bills over the past month. The only thing for which I have a receipt is the bed I recently bought. So it would seem its her word against mine. What can I do to get my possessions back legally?
Here's another thing; during the month that the restraining order was valid, she had the apartment manager take my name off the lease (without my consent). I have effectively been evicted, but not her. It is my understanding that it is unlawful to selectively evict individual tenants from a multi-tenant lease agreement, is it not? Since I am no longer on the lease, I have no legal right to go into the apartment, and everything in it has technically become hers.
What can I do? I need my belongings and the police won't let me take anything she claims is hers. This is BS because I did nothing wrong, and screwing me out of everything I own is her retribution for breaking up with her.

 

[mightymoose]

First, it is not theft. Your property appears to be right where you left it. If anything is in dispute you can address it in a civil or small claims dispute.

You are right, you have not been evicted. As you describe it, it would appear there is nothing stopping you from returning to the apartment any time you choose.... you do still have keys?

Here is what I would do. I would choose a couple friends who can behave themselves and keep their mouths shut. I would take them with me to the residence and I would collect my property, with their help, and with them as witnesses to anything she may do. I would try to do this at a time I knew she is not there in order to avoid conflict.

She may call police and they might ask you to leave. Tell them no. It is your home too. Let her leave if she is unhappy or feels unsafe. The police are only concerned that everyone keeps their hands to themselves. They don't care about the property and won't get involved with which items belong to which person. They will tell both of you to settle it in court. They tell you to leave things in dispute where they are as a means of ending a current argument and keeping the peace. It is your home and your property and there is no current restraining order. There is nothing to stop you from taking the property that is yours even if they tell you no- they might intimidate you, but they simply don't have the authority to stop you from moving out. Keep calm, be polite, and be prepared to show ID, mail, a copy of an old lease, or anything you can with your name at that address. If nobody can produce a current restraining order or an eviction order the police can't do much more than watch. If you do this the police will likely go away and advise you both to settle your differences court.

 

[CdwJava]

A couple of problems with this idea ... First, if you have vacated the apartment (as in moved out), even if you left some of your things behind, you might have no legal right to enter and retrieve anything without her permission or a court order. That will depend on the details.

Second, while the police may not be able to prevent you from removing property you claim as yours, SHE can always say it is hers and demand a private person's arrest for theft.

If you and the ex cannot decide on who owns what you might want to head to Small Claims court sooner rather than later, because it might take m onths to get before a judge.

Of course, if you still have access to the residence and have a key, you can always go in when she's not there and take those things you can definitievly show are yours alone. That might not prevent her from making a report for theft, but, it might keep you from being arrested on the spot.

 

[army judge]

You can always ask the police to conduct a civil standby (to remove a few major items) when she's not present, if you have a key.

However, it might be wise to spend a few dollars to see if a local lawyer advises such a tactic.

 

[Igotscrewed]

Ok, here are some more details:
1) I cannot get into the apartment. Not only did she change the lock, but the apartment complex has locked gates. When my friend went to get copies of the restraining order from the apartment manager, she asked for my keys and he gave them to her.
2) Just to be clear, we were NOT married. We only lived in that apartment together for about 2 months. We had lived in separate homes before getting the apartment.
3) I was not evicted, nor did I choose to leave the apartment. I was prevented from going there because of the restraining order. Keep in mind that it was an immediate temporary restraining order; a judge had not evaluated the situation at that point. That restraining order, although now void, prevented me from being on or even near the apartment property for the past month.
4) The police that accompanied me to the apartment today wouldn't allow me to take anything that wasn't explicitly granted to me by my ex since I am no longer on the lease agreement. This is contrary to what the judge had said, but those cops weren't at the hearing and were only working with the information available to them. So all they knew was that my name is not on the lease and therefore I have no right to enter the apartment or to take anything out of it unless she specifically granted it to me.

At this point, I think I have to file a lawsuit against the property management company. The apartment manager is really dumb and probably doesn't even realize that it was illegal for her to remove me from the lease. I know she was already in hot water with the owner of the building for some other incident where she overstepped her authority. It really sucks that I have to go through all this crap. All because that b!+c# lied and filed that restraining order.

 

[CdwJava]

Ok, here are some more details:
1) I cannot get into the apartment. Not only did she change the lock, but the apartment complex has locked gates. When my friend went to get copies of the restraining order from the apartment manager, she asked for my keys and he gave them to her.

So, how long have you NOT been residing at the apartment? How long has the restraining order been lifted?

On the face of it, you appear to have surrendered your access to the apartment. Whether you felt you had no option or not, I suspect the police are not going to permit you to enter if you have no access to the gate or the apartment anymore.

2) Just to be clear, we were NOT married. We only lived in that apartment together for about 2 months. We had lived in separate homes before getting the apartment.

Check.

3) I was not evicted, nor did I choose to leave the apartment. I was prevented from going there because of the restraining order. Keep in mind that it was an immediate temporary restraining order; a judge had not evaluated the situation at that point. That restraining order, although now void, prevented me from being on or even near the apartment property for the past month.

Unfortunately, from the perspective of the police it will likely appear that you have surrendered any rights to the apartment. they are not going to force anyone to let you into anywhere, nor are they likely to stand by while you kick in the door or force a window. You will either have to address this diplomatically, or, start the Small Claims action immediately.

4) The police that accompanied me to the apartment today wouldn't allow me to take anything that wasn't explicitly granted to me by my ex since I am no longer on the lease agreement.

Sounds about right.

This is contrary to what the judge had said, but those cops weren't at the hearing and were only working with the information available to them. So all they knew was that my name is not on the lease and therefore I have no right to enter the apartment or to take anything out of it unless she specifically granted it to me.

That's pretty standard fare.

So ... Small Claims court.

At this point, I think I have to file a lawsuit against the property management company.

That will not get you your stuff back. It might absolve you of some of the rent, but, the law in CA also protects and, in some cases, mandates that management take steps to protect a party who is a protected party in a DV restraining order. Keep in mind that the management company will also likely have an attorney representing them - you won't. So, your lawsuit might not go anywhere. It might be best to focus on the person that has your stuff - the ex.

 

[mightymoose]

Your info does change things a bit.
You could pursue an illegal eviction against the landlord. You will want legal assistance for that.
With your additional info I'd suggest you stay away from the residence and consider your options against the landlord and the ex in civil court.
I don't see that you voluntarily gave up your access to the apartment. Your access was apparently restored by the court. Hopefully you can produce your copy of the lease agreement and court orders to use in your favor.
There are actually some stiff penalties attached to unlawful evictions. While most of that would go to an attorney if you prevail, what is left might help to ease some of your overall loss.

 

[CdwJava]

An argument can be made that you surrendered your access to the apartment. Whether that would hold up in court depends on how much money you have to spend to pursue the matter.

But, CA state law REQUIRES a landlord to take certain actions when provided proof of a DV TRO. One of these is a requirement that they must change the locks for the protected party in a DV restraining order. So, the effect would have been the same had you turned in your keys or they changed the locks and your key no longer worked - you still would have been prevented access.

CA state law also allows for a landlord to break the lease at the request of the tenant who is protected by the TRO provided they give notice within 180 days of their notice of the TRO. However, this applies to the tenant/victim and if your name was on the lease as well, then that SHOULD mean that SHE could vacate the apartment and break the lease without penalty - you'd likely still have to be on it. As suggested, you can pursue this if you choose ... but, it might be costly and time consuming.

And, again, no action against the landlord and their attorney(s) will get your stuff back from the ex. Best to concentrate your energies on Small Claims and get your stuff back or get her to compensate you for the loss. Of course, she might decide to countersue for claims of her own, so be prepared for that.