Legal Question in Family Law in Arizona

State of Arizona. Upon leaving my girlfriend after a year of hell she filed a restraining order, the Judge ruled no contact, I said I left her, have no intention of seeing her or contacting her as I moved out but I would like my personal property returned that included close to $5000 in antiques. I committed no act of violence against her nor ever raised my voice to her, it was clearly an act to gain property. She shortly there after moved and I can't find her. Can I sue the Town with which we lived for such a ruling? Also, her house was repo'd and she's a Federal Agent. Come to find out she has done the same thing to two past husbands (we were never married thank god)


Asked on 2/09/12, 2:34 pm

1 Answer from Attorneys

Jeremy Claridge Byrne & Benesch

You have no action against the town. Your action would have been to respond to her inition order of protection. If there was a disfavorable ruling, you could appeal. No contact orders are good for one year, your action for replevin is only good for a year, with some exceptions. Suing her to get your stuff back is not a violation of the no contact order. (just don't be stingy and try to serve her yourself. Have a process server do that.) The fact of the matter is, after hiring a private investigator to skip trace her or find her through her employer, and then paying attorney's fees and costs (not too expensive if done in justice court), you will find that none of the property is still available for you to retrieve and your only remedy is to get a judgment against her for the property's street value of $5,000. You just paid $8,000 to bring suit that you may not win and got a judgment of $5,000 that you may never collect. Her defenses are going to be that you abandoned the property and didn't seek to get it back in a reasonable amount of time. This is one I would recommend letting go. I think you've got the right attitude that perhaps you should just be glad you weren't married and that she now owns the rest of your property.

Don't give up finding love. Best of Luck.

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Answered on 2/10/12, 7:28 am


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