Legal Question in Family Law in Iowa

Re: Removal of belongings as a part of protective order

I don't know that there's any law on the subject. One party I represented rented a storage locker for a month, put everything in it and sent him/his attorney the key. You probably do not want the guy coming around your house while you are home, do you? Plus the weather right now is not optimum outdoor storage conditions either.

Re: Removal of belongings as a part of protective order

Three ways come immediately to mind: storage unit, sidewalk, and abandoned property.

With order of protection clients, I think the perfect solution is the storage unit. Actually, it�s perfect only when

you�re not responsible for the stuff but in most cases it�s you. Notify Attorney that if the items aren�t picked up

by the last day of your lease, you will dispose of the property yourself or let the storage owner have it as

payment. You will be responsible to wrap or otherwise handle all the items so they aren't damaged, box them

appropriately, schlep them to a storage unit, and pay the first month's rent. If anything happens to the property,

you might be held responsible for the loss or damage. But it�s a good solution because the property is out of your

house right away, Respondent doesn�t come to your house to pick it up, and it isn�t sitting on your sidewalk

waiting for him to come by.

The second best, in my opinion, is the sidewalk. Again, you wrap, box, and shlep. You notify Respondent�s

attorney that you will set the items out for pickup on a certain date for Attorney to retrieve. I would pick the

afternoon before trash day -- if Attorney fails to retrieve the property, a big truck and strong guys are coming the

next day and they pick stuff up for a living. Just make sure you notify them in advance of a special pickup.

A third way is to treat this as a landlord would treat a tenant�s abandoned property. Look up

your abandoned property statute. You probably need to notify the owner (or Attorney) by

certified mail, and then you wait a certain length of time before you can dispose of anything

Attorney doesn�t pick up.

Whichever option you choose, make clear to Attorney that any property Respondent doesn�t

retrieve becomes yours to dispose of as you wish. Make sure to have a civil assist/standby.

Check your state law to protect yourself. Your state code is probably available online, which

makes searching and finding easier.