Cadillacmp
New Member
- Jurisdiction
- New York
If my spouse moves out & removes all furniture and electronics after the order states nothing will be removed from the home can I have the items returned and file charges?
Marital Property
- Thread Starter Cadillacmp
- Start date
zddoodah
Well-Known Member
If a court has issued an order that says property is not to be removed from the home and your spouse violates that order, then you can see to have him/her held in contempt and it is possible that the court will issue a further order requiring him/her to return what was removed.
Not sure what you mean by "file charges," but what you've described would not be a crime and, even if it were, private citizens cannot file criminal charges.
Not sure what you mean by "file charges," but what you've described would not be a crime and, even if it were, private citizens cannot file criminal charges.
Cadillacmp
New Member
Isn't this contempt? Is that a crime?
adjusterjack
Super Moderator
There are several criminal contempt statutes in the NY Penal Code:
Article 215 | NYS Penal Law | Judicial Proceedings Offenses
But in a divorce, the chances of your spouse being criminally prosecuted and imprisoned are close to zero.
No matter how much you want to see your spouse in jail, it's not going to happen and the worst punishment is likely to be just admonishment, if even that. At best you might get credit in the property settlement for the items taken.
army judge
Super Moderator
I predict he'll say the items were stolen, and he knows NOTHING about the theft.
You win some, you lose some, some get rained out.
zddoodah
Well-Known Member
I will quote my prior response: "If a court has issued an order that says property is not to be removed from the home and your spouse violates that order, then you can see to have him/her held in contempt and it is possible that the court will issue a further order requiring him/her to return what was removed."
Contempt of a family court injunction may or may not be treated as a crime. We don't have all of the relevant facts and have only your side of the story. I would therefore not venture to guess how the court handling your case might treat this particular instance of alleged contempt. You are, of course, free to request that the judge refer the matter to the county district attorney for prosecution.
Highwayman
Well-Known Member
I know from experience the courts couldn't care less about "stuff". Chances are nothing will be done about what your husband did. Be guided by what your attorney tells you.
Highwayman
Well-Known Member
Just for the record, I don't know why everyone always uses this "ypdcrime" website when quoting New York laws. I have no idea who or what runs that site. This is the official compilation of New York State laws:
Legislative Information - LBDC:
Sorry, this is just a pet peeve of mine.
Cadillacmp
New Member
Well, can I atleast change the locks? I pay the motgage but both names are on the loan.
Cadillacmp
New Member
No problem, thanks.
zddoodah
Well-Known Member
Nothing you've posted thus far suggests you lack this ability. The better question, though, would be whether it would be legal to do so. However, nothing you've posted thus far provides any insight into this legal issue. Has the court granted you exclusive possession of the marital residence or otherwise issued any order relating to this issue.
Whose names are on the loan is irrelevant. It might be relevant whose name(s) is/are on title.
Cadillacmp
New Member
I changed the locks because the order says property isn't to be removed and he keeps taking things out of the house and vandalizing things like the walls, the floor and my computer, he took my military awards & purple heart. What can I do other than change the locks.
army judge
Super Moderator
Remove YOUR valuables IMMEDIATELY and place them in a secure place known ONLY to you.
Some people like to instigate and antagonize others, as they quite enjoy pulling strings.
Is this how you wish to live?
If it isn't, the first sentence above offers a quick solution completely within your control.
Military awards are quite easy to replace.
I retired after 30 years and had a chestful, myself.
From time to time, a couple go missing.
I simply trot my old butt down to the nearest AAFES clothing store and replace them.
The decorations and awards are noted on your DD214.
Yeah, losing a certificate can be a pain to replace, which is why I don't bother with that, but you can if you wish get those replaced, too.
Highwayman
Well-Known Member
This is something you need to discuss with your attorney. It could, depending upon the details, be considered an unlawful eviction and result in YOU getting in trouble.
If you do not yet have an attorney you NEED one.
Cadillacmp
New Member
This is new territory for my attorney. My PTSD is being used as a weapon against me. I came home from the middle east in 08 and I went into treatment in 2014 for depression, sleep deprivation and anger issues due to PTSD, his lawyer requested my medical records and the judge concoured, my Counsel doesn't know how far back they will look into my medical file. How far back do I need to turn in?
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Cadillacmp
New Member
I'd like to say thank you for all of the advice. I am just at my wits end after 10k in legal fees I am not sure whats happening with my daughter, my house or my finances.
I'm just frazzled by this entire ordeal.
Thanks again.
I'm just frazzled by this entire ordeal.
Thanks again.
Highwayman
Well-Known Member
You will find out when your attorney gets the request and lets you know.
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