Baby Mama holds car hostage with TPO

[ChrisRedBeard11]

Jurisdiction

Nevada

Ok... So I'll try to ask this question as simply as possible after a little back story. My child's mother (baby mama) has been doing her best to get me in trouble and make me look bad for a child custody battle. I was arrested in September of 2021 for domestic violence and took a plea deal. In April of this year I let her borrow my vehicle for a day which included an overnight of her being in possession of the car. The next day when she was supposed to return the car at he agreed upon time, she flat out said no. I called to report it stolen and was informed that she had 72 hours to return the car because I gave her permission. Hours later, I was served with a TPO which included a no contract. I unfortunately violated this no contact but regardless, this TPO was dismissed on 5/19 and the domestic violence charge dismissed on 5/24. Now, later on the 19th after court, she tried telling me that she could still move forward with the restraining order. My lawyer said all she could do would be to file another TPO. When at court in person on 5/24, I was neither arrested or served. She has had the car for over a month now and the car is in my name only and she's not insured on it. The old TPO (which was dismissed) stated I could not go to her place of residence. I have no TPO or restraining order but do have a spare key. Am I allowed to go get my vehicle which is parked in her driveway? There's no private property or trespassing signs up anywhere that I've seen. My concern is her trying to say she has property in the car and or that this somehow constitutes harassment. Any suggestions? I am ready to just go get my car back now but don't want any more problems legally.

 

[flyingron]

I assume you mean "no contact," Why are you not talking to your attorney about this? Typically, the way you recover something from someone you have a restraining order from is have a neutral party (the lawyers will arrange this) do the recovery.

 

[adjusterjack]

I strongly suggest you hire a repo company to retrieve the car and stay away from her.

Then take the car someplace to have the door locks changed to avoid her being able to use her key. As long as she has the key she can claim permission.

Let the court iron out custody and visitation.

 

[zddoodah]

I was arrested in September of 2021 for domestic violence and took a plea deal.

Crime #1.

I was served with a TPO which included a no contract. I unfortunately violated this no contact

Crime #2.

she tried telling me that she could still move forward with the restraining order.

What does "tried telling" mean? I assume you meant that she told you this.

I have no TPO or restraining order but do have a spare key. Am I allowed to go get my vehicle which is parked in her driveway?

I mean...we don't know what restraining orders are or aren't in place. You do, and you have an attorney to whom your questions should be directed. Relying on advice from uninformed, anonymous strangers on the internet would be quite unwise.

My concern is her trying to say she has property in the car and or that this somehow constitutes harassment. Any suggestions?

"Trying to say"? Does she have a speech impediment or something. If, after having consulted with your lawyer, you choose to take possession of the vehicle, come prepared with a box or something. If you discover that she has property in the car, put it in the box and leave it on her porch. Once you return home, email her or text her that the box is there. But again, consult with your lawyer before doing anything.

 

[leslie82]

Ok... So I'll try to ask this question as simply as possible after a little back story. My child's mother (baby mama) has been doing her best to get me in trouble and make me look bad for a child custody battle. I was arrested in September of 2021 for domestic violence and took a plea deal. In April of this year I let her borrow my vehicle for a day which included an overnight of her being in possession of the car. The next day when she was supposed to return the car at he agreed upon time, she flat out said no. I called to report it stolen and was informed that she had 72 hours to return the car because I gave her permission. Hours later, I was served with a TPO which included a no contract. I unfortunately violated this no contact but regardless, this TPO was dismissed on 5/19 and the domestic violence charge dismissed on 5/24. Now, later on the 19th after court, she tried telling me that she could still move forward with the restraining order. My lawyer said all she could do would be to file another TPO. When at court in person on 5/24, I was neither arrested or served. She has had the car for over a month now and the car is in my name only and she's not insured on it. The old TPO (which was dismissed) stated I could not go to her place of residence. I have no TPO or restraining order but do have a spare key. Am I allowed to go get my vehicle which is parked in her driveway? There's no private property or trespassing signs up anywhere that I've seen. My concern is her trying to say she has property in the car and or that this somehow constitutes harassment. Any suggestions? I am ready to just go get my car back now but don't want any more problems legally.

"My child's mother has been doing her best to get me in trouble and make me look bad..." "I was arrested for DV and took a plea deal..." I don't think she has to "try" to make you "look bad."

"I was served with a TPO which I violated..." so you again did something wrong... How was the DV charged dismissed if you plead guilty to a lesser charge (plea deal).

You have an attorney who you are paying for legal advice. Go talk to them on what you can legally do. If you don't want more legal problems, stop breaking the law.