Legal Question in Civil Litigation in Indiana
In a situation of a married couple. The wife purchased the home, and lived in the home prior to the couple being married. Upon being married, the husband became emotionally and physically abusive, causing the wife to leave after a year and a half. The wife moved out(of a house with her as the owner), established her own apartment and asked her parents to help her move out. As soon as she moved out her husband changed the locks to all of the doors of the house so that when the wife and her parents went to get her things from the house, they could not get in. They ended up "breaking in" to her own house in order to get all of the wife's things. Subsquently, the husband tranferred all money out of their joint accounts (half of which she was entitled to) and into an account with his name only, as well as serving both of the wife's parents with a restraining order citing "breaking and entering his house" as the reason. Is there any way that this restraining order should be upheld? I can't see any legal reason why it would be. Help me out with some answers. Thanks!
2 Answers from Attorneys
The wife needs to see a divorce attorney right away. It seems like the wife's parents being kept away from the husband is the least of the problems; why would they want or need to go around him anyway?
I agree with Jay. Wife should hire an attorney immediately. She is already aware that the husband is seeking to prevent her from at least two major categories of assets.
Concerning you inquiry, obviously, a judge has already heard testimony before entering the order. I have no way of knowing what that testimony was or whether the judge will be willing to side with your family after he or she hears evidence on their behalf.
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