Legal Question in Civil Litigation in New York

My daughter and her boyfriend have separated and when she was trying to move out of the apartment the Sheriffs were called as he gets "out of hand" lets say. The police came and would only allow my daughter to take her clothes and a few other personal belongings due to the fact that he kept saying everything was his (which its not) she showed the officer her rent receipts that are in her name only and explained the lease was in her name only and they made her give him the key to the apartment and told her she needed to go to court and file a domestic case against him to get any of her belongings. Is this true??? I find it very hard to believe that someone has to give up ALL of their belongings and go file something in court to try and get them when its their place to begin with. Now she risks him destroying everything that she owns as well. Please help us.

Asked on 6/19/11, 7:22 pm

1 Answer from Attorneys

SHAHRIAR KASHANIAN LAW OFFICES OF SHAHRIAR KASHANIAN, ESQ.,
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I believe you may have been provided with the wrong version of the facts. Your daughter may have been the one "getting out of hand" and considering her demeanor and treatment of the authorities, they may have decided she was not acting properly and taken her out of the situation for her/his safety and to maitain public peace.

Has an order of protection been filed by any of the two parties?

She can ask him for her goods in a friendly manner and take them out. Otherwise, she can sue him for her belongings/damaged goods and obtain a judgment against him in Small Claims Court. She can also take this as a life lesson, take her knocks, and be more careful next time in choosing her boyfriend/roommate/husband.

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6/19/11, 8:48 pm

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