Legal Question in Family Law in New Mexico

The answer, in a nutshell, is no. It is not legal. If you filed in the 2nd judicial district court you and he were issued a temporary domestic order. The temporary domestic order probably prohibits the taking of the bank account that you describe. If you are representing yourself pro se then you need to file a motion called "motion for order to show cause" and you attach with it a document called "order to show cause" and court will sign the order to show cause directing him to appear at a hearing (you go to) and he has to tell the court why he took the bank account and why he should not be punished for doing that. If you are representing yourself go to the self help center and ask if they have a "show cause" packet. I would suspect that they will and that should get you to where you need to be on this matter. The self help center at the court house can tell you what you have to allege in the motion for order to show cause but they cannot tell you specifically. So, you will end up writing the specifics yourself. It will say something like: (1) this court issued a temporary domestic order; (2) the TDO restrained both parties from taking over any of bank accounts and preventing the other party access to the bank account; (3) I found out from the bank that husband took over the bank account . (4) now I do not have access to the bank account. (5) this court should order husband to appear and demonstrate to the court why he should not be held in contempt of court. (6) husband should be held in contempt of court; wherefore, this party (thats you) prays that this court order him to appear and find him in contempt of court and order that he turn the band account over to joint control and that he does not take any money out without strict direction from this court or by stipulated order; last the court should order him to repay the community any funds he has taken and spent. then you sign it and file it and get it served.

Good Luck

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