Legal Question in Family Law in New Jersey
non-compliance to terms of TRO
I was granted a TRO from my father's
son this week, the final hearing in in
three days. In the TRO was I was
granted possession
of one of the two vehicles we shared.
(He had come and taken the car while I
was at the courthouse, although he did
not know where I was.) I was fearful
and upset and had a family member
drive me. When I was directed by the
police to retrieve the vehicle (they
confirmed that he was not home) I went
to start the vehicle and as I had
expected, he had disabled the vehicle.
(He had literally yanked the battery
terminals out, just another example of
his impulsive behavior.) I called the
police to notify them that I was unable
to take the vehicle, even after his being
served and made aware of the facts.
The policeman tried to convince him to
repair the vehicle and comply, he
refused. Instead, he ''hid'' the vehicle at
a friend's home. Is there anything I can
do to have the order for possesion of a
vehicle enforced? Our son is 17 months
old, and I need to have a vehicle. He
called a family member of mine and
told them that his attorney said that he
did not have to comply. What can I do?
Thank you for your time.
2 Answers from Attorneys
Re: non-compliance to terms of TRO
If the order says you get the car and he is not complying then you need to go to the police and file a contempt charge against him.
Should you have any other questions, call me at 732/247/3340. My initial consultations are always free.
Re: non-compliance to terms of TRO
I have read what the other attorney wrote; as usual Jef is right on.
What you describe is outrageous, and will likely get him thrown in jail if you can prove that he did this intentionally even though he knew that the Court had ordered that you get the car.
It is time to use the legal system to punish him.
You probably do not have the money to do this, but your very best choice is to hire a fire-breathing, nasty and smart divorce attorney, pay him or her what it costs, and follow the attorney's advice, to get your child's father punished. You should also force him to pay child support.
Borrow the money, get the attorney and take forceful action.
I can not tell you how many women have come to me with idiotic angry husbands/ex-boyfriends, and then NOT followed my advice. Your child is very young. Stop your exboyfriend NOW. Do not allow him to continue to make you miserable. You will be raising that baby for another 20 years. Get this under control now, and do NOT back off nor give in.
I am in north Jersey. You are in south Jersey. I am sorry, but I can not be your lawyer.
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