Legal Question in Family Law in Nebraska

Personal Property

I recently left my abusive boyfriend of 10 years. I had to pack up and get out in a fast manner so all I could take with me were some clothes for myself and my 4 year old daughter. Now as a way to be mean. He won't let me get my propety. Nearly everything in the house I own. The police say that there is nothing that they can do, because he is saying that the stuff is his. I no longer have any recepts to prove it is mine. It's basically my word against his. I have a protection order on him so I can't go get my things or I would be in violation of the protection order. How am I going to get my property?


Asked on 4/05/01, 3:39 pm

1 Answer from Attorneys

Michael Dolich Dolich Law Offices

Re: Personal Property

If you were not married, the legal remedy to recover property he has is to file a civil action called replevin. That lawsuit seeks to have another return property that legally belongs to you. You can also try to file a small claims case. If you were married, then the property division can be handled in a divorce action.

If the protection order is against your boyfriend, that does not legally prevent you from going to the house, although it is probably not advisable to do so for safety reasons.

There is a number of strategies in ending abusive relationships; even outside traditional court remedies. Women's crisis groups can be of considerable help in this regards. And in some communities in Nebraska there are free legal services for women attempting to get out of abusive relationships; such services will soon be state wide but currently is only in the Omaha area. You can call 1-402-476-6256 for information on state wide assistance for women.

Finally, be thankful you are out and safe. The fact you survived such a relationship is a tribute to your strength and is truly a blessing. Breaking the cycle of abuse, so such behaviors are not passed down to our children, is the only way to solve the problem.

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Answered on 6/06/01, 10:33 am


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