Legal Question in Family Law in New Jersey
equitable distribution
My divorce was granted. We were given 60 days to distribute property that the court decreed we each would get from each other. He broke onto my chained & locked property, broke into 4 locked sheds, and wiped me out. The things he took were still in dispute with the court,my personal things, and also things decreed him by the courts.The cops say it's civil, I believe it's criminal. He was not permitted access unto my property. He leaves messages telling me he is coming again (when I am at work)He does not work. The police refuse to help. I cannot take time off of work. What can I do? He seems to be calling all the shots and doing and taking whatever he please and I have no recourse because no one will stop him. He lists his address as a P.O. box in Pa. He uses a cell phone. He is untraceble. He also filed as an indigent with the courts during the divorce. Please help! I'm going crazy. I know I will never get the things back that he unlawfully took, but I don't want him taking even more or breaking into my property again.
3 Answers from Attorneys
Re: equitable distribution
It is hard for me to understand your entire situation. You state that he was not permitted access onto the property. By what Order or determination? If there is a Court Order barring him from the premises, then it appears to me that this would be criminal trespass. If there is no Order barring him from the premises, and the property is in his name, then he can come onto the premises. On the other hand, if there is a Court Order requiring you to amicably divide the property and he stole it all, then he may be in violation of that Order. The reason you believe that he is "calling all the shots" is because you are not taking the steps necessary to stop him. Unfortunately, you may need to miss work to do what is necessary on your own, or hire an attorney to do what needs to be done. Keep in mind that this advice is based purely on the little bit of information that you have given to me. There certainly may be other factors that would change my opinion. Further, no one can rely on advice from an attorney who has not been retained. Since it appears that you have not retained an attorney, you may want to contact a divorce attorney in New Jersey (either me or someone else) to discuss your matter in more detail. Only then will you be able to rely on the advice. If you call me, [856-546-8010] mention Law Guru and your first one hour consultation will be free. Good luck! Rob Gleaner
Re: equitable distribution
No one is untraceable. The post office will give an attorney representing your interests his residential address. Additionally, there is a website which is solely for law enforcement and attorneys which I use all the time to find people who think that they can hide.
As for the police, you need an attorney to go with you to file a criminal complaint against him.
If he is violating the terms of the judgment you can ask the court to issue a warrant for his arrest.
Gary Moore, Esquire
Hackensack, New Jersey
800 273 7933
www.garymooreattorneyatlaw.com
Re: equitable distribution
You are correct, he has no right to take your property. I would need to see the divorce judgment and any property settlement agreement to tell you whether criminal charges would be possible. You may want to consider a restraining order if he has threatened you.
You want him to leave you alone, and not steal your property; you would like him to give back what he stole and be punished for it.
Please call if I can assist you. 973-890-0400.
Bob Davies, Attorney At Law
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