Thursday, January 20, 2011

No Contact and Restraining Orders

Getting Back Your Belongings

A RI Family Court restraining order, or no contact order, is primarily put into effect whenever a member of a household is arrested for domestic violence, or other kind of violent, aggressive behavior in a domestic situation. The terms of the order vary from person to person, but a hard and fast rule to a no contact order, is that the court has ordered you to refrain from any and all contact with the victim, and to keep away from them often to within a specific range of feet or yards from their home or person.

Because of this, getting back your personal belonging can be an involved process. However, there are acceptable avenues that you can follow to accomplish the task within the restrictions of the order.

One such way is to contact the police department in the city or town where the victim lives and schedule a convenient time for them to escort you in and out of the home. You will only have a set amount of time to gather your items however, and this arrangement typically only works for those people who are at least amicable to the separation and will take the time to pack the absent party's belongings prior to their arrival.

Another method is to allow the attorneys for the parties to communicate and arrange an agreeable time for the accused to pick up their items. This method, like the one above, typically works best with parties who are not actively arguing anymore and can agree to separate their property and move on with their lives afterward.

A third methods calls for the involvement of family or a mutual friend. This method can work very well as long as the accused is very careful not to violate the no contact order in the process.

Finally, the accused has the option of applying to the Court where the order was filed for relief. In cases involving criminal no contact orders, the court is unsympathetic to all requests for assistance in this area. You would be best served to contact an experience domestic relations and family court attorney for assistance in getting back your belongings without violating the court order.


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If you have questions about this posting or are interested in Divorce, Immigration, or Estate Law in RI or MA contact Massachusetts and Rhode Island Divorce Lawyer Rui P. Alves at 401-942-3100 or CONTACT him via email.

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