Legal Question in Family Law in California
I am currently separated (4 months) from my husband due to domestic violence. I am able to hire a locksmith in order to enter the property while he is out to school to obtain my/childrens belongings. Our home was purchased under his name. What are my rights? Can he press charges causing me to be arrested? Should I take a mutual party as a witness?
1 Answer from Attorneys
You should never break into a home. You need to go through court process and through court orders. For retrieval of property you should request in your court hearings that orders be made for you to allow access to the property to retrieve your personal belongings. The Sheriff or the local police may be able to assist you with that.
For self represented individuals you can consult with the family law facilitator self help center at your local court house.
As always please consult a local attorney prior to taking legal action. Good luck. Also please check out my Santa Clara County Family Lawyer blog.
Law Offices James Chau
1625 The Alameda Suite 204
San Jose, CA. 95126
http://www.jameschaulaw.com/
http://sanjosefamilylawyer.blogspot.com/
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