Legal Question in Family Law in New Jersey

Separated and want to get into home

My husband filed a temp restraining order Sept 26 on me for following him around the house for 20 minutes since he ignores me instead of dealing with an issue. The judge threw it out as being frivolous. I've been displaced since. He is very controlling and tells me he'll call the police and Victim's Advocate if I come over to get my belongings. He will bring over a few things at his discretion to my temporary home with friends, dropping it off on the porch when no one is around to see him. He also is caring for my two cats since my hosts are allergic and I have no other home for them. We married in March '06. I left my home in Phoenix, my job and nice apartment there to make my home here with my new husband. I may move back to AZ and want to get rest of my stuff and my cats just before I leave. I am very scared to go to the house to get them. I am sick of the police pushing me around when I never did anything. And this is one of the ways he's controlling me. No talk of divorce. I can't afford an attorney anyway. What are my rights to knock on his door to get my cats and belongings. And how should I approach it?


Asked on 12/20/06, 10:24 am

1 Answer from Attorneys
Philip Burnham, Esquire Burnham Law Group, LLC.

Re: Separated and want to get into home

He has no legal right to keep you from the home if the restraining order was dismissed. Did you serve the dismissal of the retraining with the local police department so they know it is dismissed? If not, do that immediately.

If so, I would suggest you call the local police and tell the you need to get your personal items, and I am sure they will accompany you to the home rather than have another incident.

Best of luck.

Disclaimer: You can not rely on the advice of an attorney given over the internet. The exact facts of your situation, including facts which you have not mentioned in your question, may completely change the result for your situation.

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Answered on 12/20/06, 11:34 am


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