Can a husband have his wife arrested?

[hpilkinton]

Idaho

My stepdaughter is facing a very ugly divorce. Her husband accused her of doing drugs, and had their house searched without her present (his father and best friend were there for the search). She had admitted to using, but said it had been just once and several months prior to the search. The search turned up a spoon, but nothing else. The cops told her husband that the search was not even worth their time.

She has since left him, and is filing for divorce. In turn, he has taken away all of her debit and credit cards and has changed all the passwords on their accounts so she cannot access them. He also will not let her drive her car, even though the car was purchased after the marriage, and she makes the payment; this despite the fact that she does have a full time job and children and needs transportation, and despite the fact that he has other transportation.

He has also threatened to have her arrested if she pursues any avenues to access the vehicle or the accounts, telling her he can do so because she was found in possession of paraphanelia, even though the cops did not arrest her, nor even cite her, for the spoon.

First of all, can he have her arrested? And secondly, considering Idaho is a community property state, can he deny her access to her accounts and her vehicle?

 

[mistoffolees]

Idaho

My stepdaughter is facing a very ugly divorce. Her husband accused her of doing drugs, and had their house searched without her present (his father and best friend were there for the search). She had admitted to using, but said it had been just once and several months prior to the search. The search turned up a spoon, but nothing else. The cops told her husband that the search was not even worth their time.

She has since left him, and is filing for divorce. In turn, he has taken away all of her debit and credit cards and has changed all the passwords on their accounts so she cannot access them. He also will not let her drive her car, even though the car was purchased after the marriage, and she makes the payment; this despite the fact that she does have a full time job and children and needs transportation, and despite the fact that he has other transportation.

He has also threatened to have her arrested if she pursues any avenues to access the vehicle or the accounts, telling her he can do so because she was found in possession of paraphanelia, even though the cops did not arrest her, nor even cite her, for the spoon.

First of all, can he have her arrested? And secondly, considering Idaho is a community property state, can he deny her access to her accounts and her vehicle?

She really needs to get an attorney.

First, he's not going to be able to get her arrested just for having a spoon. She needs to clean up her act, though. If he files another complaint with the police with the same result, they're going to get tired of it. If he formally charges her and there's no evidence, it could have far more serious repercussions - such as being charged with harassment and malicious prosecution.

As for the rest, no he can't do it, but the only way to stop him is to complete her filing for divorce and get a temporary order. In general, he has to leave her enough to maintain her normal living expenses. If she is making the payments on the car and uses it for work, it would backfire on him if he prevents her from using it.

But she won't be taken car of without a decent attorney.

 

[hpilkinton]

He also staged an "intervention" where his family all cornered her and threatened to have her admitted for rehab (her father and mother were there, too; her father has admitted he thinks participating was a big mistake). I said unless she proved to be a threat to herself or to her children, he could not have her admitted without her consent or without a court order.

 

[mistoffolees]

He also staged an "intervention" where his family all cornered her and threatened to have her admitted for rehab (her father and mother were there, too; her father has admitted he thinks participating was a big mistake). I said unless she proved to be a threat to herself or to her children, he could not have her admitted without her consent or without a court order.

If he keeps this up, he's going to find himself in hot water for harassment.

She's entitled to live her life without his interference. The more times he tries this stuff without any evidence coming to light, the more he's going to be considered the bad guy.