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LaLauraLee · Nov 12, 2010, 04:43 PM

I lived in my daughters basement apartment at her invitation for 14 months. We had a few issues and one night the police arrived and demanded that me and my animals vacate immediately. I was also served with a restraining order. I was advised by the police to call and make arrangements for a police escort to retrieve my personal belongings. When the police met me at the address after I called I was advised I was in violation of the restraining order and if I didn't leave I would be arrested. They said if I wanted my belongings I would have to go to court and for $125 I could file a lawsuit to try and get them back. What is going on? I don't have any money. I am not a criminal, I simply had a falling out with my daughter, was ordered to leave the apartment and stay away unless I had a police escort. That is exactly what I did!

ballengerb1 · Nov 12, 2010, 05:45 PM

Withpout a proper eviction I am unclear why the Police would have anything to say in this matter. Was it actually the City of Gary Indiana police?

ScottGem · Nov 12, 2010, 06:25 PM

It sounds like your daughter got an RO against you and had the police serve it. You are entitled to know the grounds for the RO and to go to court to prove them false.

What I don't understand is how, if you made arrangements to meet the police at the address and you did not approach the address until the police arrived, that you could be in violation.

So, I'm wondering how much of the story you are leaving out. An RO is generally not issued unless there is evidence of physical danger.

Fr_Chuck · Nov 12, 2010, 06:31 PM

You can have another person who you appoint to get your belongings, even give them a POA for that specific task. Then call and have it arranged,

Also meeting the police to get your belongings is not a violation of the RO, since the police are there to supervised your legal rights to your property. But it is harder to fight it, if the police illegally arrest you, since you are in jail trying to fight it.

LaLauraLee · Nov 12, 2010, 07:20 PM

I was never advised of the grounds for it. It was also dated 2 months prior to the date I was served. Even if it was issued because of physical danger when there was none I was never afforded an opportunity to have a voice & what about my belongings?

LaLauraLee · Nov 12, 2010, 07:40 PM

Yes.they said I wasn't a tenant even though the apartment was obviously full of my belongings and I showed them mail addressed to me from social services, but that I was an unwelcome guest. They escorted me off the property and then handed me the RO

LaLauraLee · Nov 12, 2010, 07:49 PM

Police agreed to meet me there. When I arrived there were 2 squad cars. An officer approached me said I had an RO and would be arrested if I didn't leave. Said I had to go to court to get my belongings.

ScottGem · Nov 12, 2010, 07:52 PM

I'm sorry, but this makes little sense. First, the RO should have stated the grounds. Second, it makes no sense for it to take 2 months to serve it. If there was a valid reason for the RO then it should have been served immediately. While they can get a temp RO without a hearing, to extend it would require a hearing.

So this just doesn't make sense.

AK lawyer · Nov 12, 2010, 07:57 PM

Originally Posted by LaLauraLee

.... they said if i wanted my belongings i would have to go to court and for $125 i could file a lawsuit to try and get them back. ...

Or you could demand your day in court to contest the restraining order and if the RO is continued, ask for police escort to get your stuff.

But it seems that it would be easier to, as Fr_Chuck suggested, get someone else to arrange with the police to pick up your things.

LaLauraLee · Nov 12, 2010, 09:52 PM

Exactly nothing makes sense. RO states grounds, officer didn't and handed it to me folded up. Why did they wait 2 months to serve it? They told me to get escort now they threaten to arrest me. What is going on?

ScottGem · Nov 13, 2010, 05:51 AM

First, please don't use the Comments feature for follow-up, use the Answer options instead.

I have to tell you that I am having a hard time believing your story. You keep changing it. First you say you were "never advised of the grounds", but now you say that the "RO states grounds". Of course it does and since you were handed a copy you WERE advised of the grounds. So what were they?

It didn't matter that you could prove you were a tenant. The RO is a back door way of getting an eviction. But there HAD to be a way for you to fight the RO. You cannot be denied due process which means you had to be informed on a hearing date to review continuing the RO or afforded the opportunity to ask for a hearing.

Lets assume your story is accurate, your best bet is to try and get an attorney. If your story is accurate, it sounds like you have grounds for a suit against the police dept and your daughter.

LaLauraLee · Nov 13, 2010, 10:14 AM

I understand that you're saying since I was served I was advised. I only meant the police handed it to me and when I asked what is this the officer said it was an RO but never stated what for. I also understand what you're saying about the RO being a back door to an immediate eviction. I hadn't actually looked at it that way especially since the RO was handed to me outside almost as an after thought, a secondary action, after I had left the premises as ordered because I was an "unwelcome guest" not because I was being served an RO. The RO does not have a court date to contest or continue but does advise me of my right to appeal the decision within 30 days of issuance. While I strongly believe something fishy went down with the order being signed 2 months earlier, etc.. contesting it at this point makes no sense. So if I win I move back in to my daughters house?? My issue is my personal possessions and the fact that as advised to do I contacted the police for an escort to retrieve them and was denied access to my belongings by said police and was threatened with arrest for violating the RO. I'm 56, terminally ill, only have a small SSI check and am now homeless. I have no means to fight this in court or to fight the police.

AK lawyer · Nov 13, 2010, 11:00 AM

Originally Posted by LaLauraLee

... contesting it at this point makes no sense. so if i win i move back in to my daughters house??? my issue is my personal possessions ...

I understand that all you want is your personal possessions. As I have said, the easiest way to get them appears to be to get another person to arrange with the police to pick them up in your behalf. If that won't work, contest the RO for the real purpose of getting the court to provide a procedure to recover your possessions.

If you really mean that, as you say, you are not interested in further litigation, then your issues with what the police did or failed to do is "water under the bridge".

LaLauraLee · Nov 13, 2010, 11:17 AM

Agreed... thank you

ScottGem · Nov 13, 2010, 03:41 PM

OK, now I begin to believe you. There is still the issue of the 2 months and also the police escorting you out before tendering the RO. If you tell the court that the RO was only just served you can still file an appeal.

I would do two things. First I would contact the local newspapers, TV and radio news stations and see if they can provide you legal advice. If what you say is true, what happened seems to be abuse of police powers and the courts. The media would love a story of a daughter throwing her indigent, terminally ill mother out in the streets. Especially when the police aided and abetted this action

I would also look for an elder care support group in the area. This office:
Indiana Legal Services Inc. Gary Office - Gary, IN - Justia Lawyer Directory may be what you need. If it was just your daughter, it might be different. But the fact that police got involved and, seemingly, overstepped their bounds, is something you should fight.

LaLauraLee · Nov 13, 2010, 05:18 PM

Great idea! Thank you very much for your time and your advice. I feel like I might just have some options after all.