Question Details: I broke up with my ex two months ago. She says she's getting a Protection Order against me. I pay for the rental on my storage unit (it's in my name) but she won't clean out her stuff, and now she's not answering my calls or texts. I want to put her stuff out on the street, but the police say if I do and it gets damaged, they'll charge me with wilful damage. What can I do?
Filed under Property Law | 3568 View(s)
We certainly do not recommend throwing out her property or putting it on the street. We believe the police are right that you could be risking a charge of wilful damage. "Wilful damage" under the Summary Offences Act includes damaging property by being reckless with it.
Given that your ex is considering applying for a protection order, it is especially important that you conduct yourself in a way that is not aggressive. That includes how you deal with her property. We suggest you contact a mutual friend, or a family member, to arrange the removal of her possessions. Because of the possible protection order application, we repeat that it is important that you do this in a careful and reasonable way.
Read more about protection orders (including your rights to challenge a protection order) by clicking on this link: www.communitylaw.org.nz. If a protection order is made, you must not contact your ex, even through someone else, so we suggest talking to a lawyer about getting the property back to her.
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