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Other Orders-Property Removal FM-1102 - California
| Other Orders-Property Removal Form. This is a California form and can be used in Family Law Santa Clara Local County . |
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FM-1102 1. 2 3. Other Orders Property Removal DV-130 CH-140 Case Number: This form is attached to: Protected Person's name: Restrained Person's name: Taking personal items of property: As a one-time exception to the "Personal Conduct" and "Stay-Away" Restrained Person Protected Person: orders attached to this form, the a. May take agreed upon items of property from the Protected Person's Restrained Person's home. Items that the parties do not agree about must not be taken unless the Court makes an order allowing the and items to be removed. The agreed upon items of property may be taken between (date) between (times) and . (date) May only take items of property that are described in item 7 on the second page of this order. The items and (date) between (times) may be taken between (date) . and Must submit 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. 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. Must place in a box or boxes the other party's personal belongings as listed in item 7 on the second page of this order for delivery to the Restrained Person. The terms of delivery must be as follows: b. c. d. e. 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 their 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. 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. 5. 6. Others present at property removal: The Civil Standby must not proceed if the resident party or a designated representative is not present. 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. The parties may not have others present when the items of property are removed. The following people may be may not be present when the items of property are removed: FM-1102 REV 1/01/11 OTHER ORDERS PROPERTY REMOVAL (DV-130/CH-140) Page 1 of 2 American LegalNet, Inc. www.FormsWorkFlow.com FM-1102 7. Other Orders: Other Orders Property Removal Case Number: a. Minor children shall not be present during property removal. b. 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. c. 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; and passport, credit cards, ATM cards and checkbook(s) bearing the name of the person authorized to remove property in this order. 2. List of items to be removed: FM-1102 REV 1/01/11 OTHER ORDERS PROPERTY REMOVAL (DV-130/CH-140) Page 2 of 2 American LegalNet, Inc. www.FormsWorkFlow.com
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