I was married on Sep.14 and on Nov.6 my wife took out a ex parte on me for assault. I didnt assault her. On the 26th of Oct. I found a new home for us and I gave the landlord a 1000 dollars for the house. Before I did this,my wife lived with me in a home that I had before we were married. I had been in the new home for 12 days when the ex parte was taken out and I cant go to the new home untill we have a hearing…my question is how or can I get my money back from the new home. And how can I get my things I had before we got married back…Also I would like to know what would be the best way to get the ex parte dissmised. Thank you for your help.
You cannot get an ex parte order dismissed, so to speak. What will happen next is that within 10 days of the ex parte being issued, a return date will be had to give both sides the opportunity to be heard. If the protective order is entered on that date, then you need to stay away from the marital residence and your spouse for twelve months. She will need to file to continue the order after those 12 months if she wanted to keep the order in effect, or she could let it expire. You won’t be able to get the deposit/rent money back. You will be allowed to return to the home with a sheriff’s deputy to collect your belongings, which you can arrange with the sheriff’s office after the order is established. You should consult with an attorney if you would like legal representation in fighting the 50(b) claim.