Golden Valley, AZ asked in Criminal Law, Divorce, Estate Planning and Domestic Violence for Arizona

Q: My wife and i had a falling out after 20 years

My wife and I separated in 2018. I couldnt take the abuse from her anymore. In 2019 when driving down the highway she throat punched me and was hitting me one handed while doing 80 mph so I ripped the ebrake in total fear for my life. She was arrested on assault per domestic violence. We owned 3 properties together and had agreed on selling one and splitting the money for it 50/50. And we did that. We agreed on her getting the house in bullhead which she sold and i didnt see a penny from and I was to get the home in golden valley

I lived in the home with my girlfriend and her two kids for 3 years and after she sold the bullhead house she was broke. She went and filed a restraining order on me and my girlfriend while we were on Laughlin and destroyed all my girlfriend and her kids things and sold all my things. She got granted the no contact order. Then broke into my house. She is trying to sell the house and wont stop breaking the order. How do I prove it and get one granted?

1 Lawyer Answer
Rich J. Peters
Rich J. Peters
  • Domestic Violence Lawyer
  • Phoenix, AZ
  • Licensed in Arizona

A: So much to digest there. However, the overall concept of proof is an easy answer. What proof do you have? Pictures? Text messages? Emails? Eyewitnesses? There can obviously be even other methods of proof but I would need to know the details of each event.

Do you have a pending dissolution?

Under Arizona law, your Judge is required to divide the community, joint tenancy and other property held in common equitably, without regard to marital misconduct. Equitably usually means pretty close to 50/50, but not always. There can be reasons when a division other than 50/50 is warranted. I would need to know so much more to determine a fair and equitable division in your situation.

You may also be able to make a claim for waste if property has been disposed of improperly.

A qualified and experienced family law attorney can of course assist you in considering your options and then getting where you need to be. Most of us offer free, ½ hour consultations, in which your matter can be discussed in detail. That would be a great opportunity to discuss the specifics of your matter and develop a plan. I would encourage you to quickly schedule this free consultation.

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