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Domestic Abuse

How do I get back my apartment and possessions from an ex-partner who has placed an order of protection against me?

Q: I am the only lease holder to my apartment that I have cohabited with my ex-partner for a year after our breakup. In that time I have encouraged her to find a new place, stopping short serving her a notice of termination out of kindness and genuine fear for her homelessness. I have accepted numerous, highly controlling demands and concessions (no guests, no noise, etc) but never involved the authorities because she also deals with severe mental health issues and I fear that something bad might happen to her if I did have police to intervene. All this time, I have paid my share of the rent, and in the process I have loaned her several thousands of dollars and an expensive laptop.
In early September she began dating again and has since had her new boyfriend move into my home. Recently he prevented me from entering my home. When I called the police, she gave false statements on the report that I pulled a knife on her. While all charged were dropped she allegedly took out a temp family court OOP. I haven’t been served yet but I’m afraid to go to my home. I fear she will live there without paying rent and disappearing with my possessions. How do I protection myself and gain entry back?


A: You may retrieve the paperwork from the courthouse. You may then either wait until the court date & make an application before the Judge for an order setting a day to retrieve your belongings, or you may file an order to show cause to advance the date if the retrieval is urgent. Call a Bronx Domestic Violence attorney for more info.

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