FM-1102 Other Orders – Property Removal
FM-1102 REV 07/01/14
OTHER ORDERS – PROPERTY REMOVAL
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Case Number:
This form is attached to: DV-110/130 CH-110/130 EA-110/130 JV-250/255
1. Protected Person’s name:
2 Restrained Person’s name:
3. Taking personal items of property: As a one-time exception to the “Personal Conduct” and “Stay-Away” orders attached
to this form, the
Restrained Person Protected Person:
a.
May take agreed upon items of property from the Protected Person’s Restrained Person’s home. Items that
the parties do not agree upon must not be taken unless the Court makes an order allowing the items to be
removed. The agreed upon items of property may be taken between (date) and (date)
between (times)
and .
b. May only take items of property that are described in item 7. The items may be taken between (date)
and (date)
between (times)
and
.
c. Must send a written list of personal property items which are being requested to the other party by mail
calendar days in advance of the removal date and items which are agreed upon must be removed as set forth
above in section 3a. The mailing of this list by the Restrained Person (if applicable) is an exception to the No
Contact Orders.
d.
Must place the other party’s personal belongings as listed in item 7 in a box or boxes for pick up by/delivery to the
other party or his/her designated representative. The terms of pick up/delivery must be as follows:
e. Must contact Law Enforcement to request the Civil Standby. The exact date and time must be approved by Law
Enforcement in advance of any property removal. Removal must not occur before 7 a.m. or after 10 p.m. If the
Civil Standby does not take place due to scheduling issues or if Law Enforcement is unavailable or unwilling to be
present for the Civil Standby either party may request a hearing for further orders.
4. Civil Standby: A “Civil Standby” is when a Law Enforcement Officer comes to a place to make sure that the situation there
is peaceful. The party who is removing his/her personal items must give a copy of these Property Removal Orders to the
Law Enforcement Officer. Both parties must obey the instructions of the Law Enforcement Officer present at the Civil
Standby. A Civil Standby may last up to thirty minutes but may be stopped at any time by the Law Enforcement Officer.
5.
Peaceful Communication: The parties may communicate peacefully with each other regarding the property removal
while the items of property are being removed as an exception to the attached Personal Conduct orders. Any Law
Enforcement Officer present while the items of property are being removed has the authority to stop all communication.
Such communication, if peaceful, is an exception to any No Contact Orders.
6. Others present at property removal:
a.
Minor children shall not be present during property removal.
b.
The property removal shall not take place (name of party) or his/her
designated representative is not present.
c.
Each party may have up to two other people who are not listed as protected people on this Restraining Order
present while the items of property are being removed. Any contact between the parties and these people must be
peaceful.
d.
The parties may not have others present when the items of property are removed.
e.
The following people may be may not be present when the items of property are removed:
7. Other Orders:
a. The orders herein are for temporary possession and the issue of final ownership of any item may be subject to review by
a Court of competent jurisdiction.
b. Items to be removed:
(1)
Necessary Personal Property, which means clothing, toiletries, prescribed medication, medical records,
medical insurance card, driver’s license or State identification cards;
(2)
List of items to be removed:
See Attachment