Q: Can legal action be taken if an injunction is violated by the filer? Can they be violated?
The spouse that filed for divorce separated the auto insurances on all vehicles, and had the rental lease changed to omit the other spouse.
In addition, a motorcycle was given to the non-filing spouse when their father died. The motorcycle is registered under both parties for tagging purposes. The filing spouse had the motorcycle insurance changed into the other spouse’s name. The filer has given or loaned this motorcycle to someone else. Which is devastating because it holds much emotional value for the non-filing spouse. What rights does the non-filing spouse have to get it back? There is evidence of the other person driving it.
A: Neither party is allowed to sell, transfer, destroy, or allow to devalue items that could be considered marital property. The short answer is to have your attorney file a motion to compel the other party to cease these activities and return the the insurance and motorcycle to the way it was before the injunction. The other option, and the one most attorneys will take is a motion for contempt. This carries jail time if the party is found to have intentionally disobeyed the court order. If you need further help with this, please call 918-884-7791 Boeheim Freeman Law.
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
