exclusive possession invalid?

[mdf]

What is the name of your state? CT

My sister's unemployed husband refused to move out of the house when she asked him to. He is violent and controlling, so she removed herself and her children to an apartment. As part of the pre-divorce written agreement process, they agreed in writing with their lawyers and filed with the court as follows:

"The father shall have exclusive possession of the marital residence..but shall give the wife access to retrieve her belongings upon arranging an agreeable time."

Three times have been arranged by court order. Each time, he refused to let her take her things. He calls the cops (who he is friends with) on her before she even arrives at the scheduled time and they refuse to honor the court order because it is a "civil matter." She's filed contempt charges, but the same circle keeps happening.

Question: given that he essentially refuses to let her take her belongings, is the exclusive possession invalid? She's been honoring it, but she gave it as a quid pro quo. What are the ramifications if she just goes in and gets her stuff when he's not there?

Thanks.What is the name of your state?

 

[Ohiogal]

It is a court order and therefore is a valid. He is contempt. She needs to ask her attorney what she should do. Maybe get an order ordering the police to accompany her to pick up her belongings.

 

[mdf]

Thanks OhioGal. My sister's lawyer says there's nothing she can do to force the police to enforce a court order on a civl matter. The police response when my sister shows up is that her husband has possession so she has to leave. They actually mock her and tell her take it back to court because it's a civil matter. Her lawyer says they can ignore the order and arrest her (for trespass) if she refuses to leave. We understand the whole contempt process (which has not gotten my sister anywhere--so far the judges have just reissued the order three times to let her in, which her husband then ignores by having his police friends there to threaten arrest. It's a game with him to retaliate against her for leaving him. None of the judges she's had seem to acknowledge her husband's previous actions and treat every issue in a vacuum. She's also not had the same judge more than twice, which isn't helping).

Does this make sense? Should my sister think about getting a second lawyer's opinion or maybe a new lawyer? Her current one does not seem to do anything to counter my sister's husband's aggressive manipulations of the process.

 

[Ohiogal]

Thanks OhioGal. My sister's lawyer says there's nothing she can do to force the police to enforce a court order on a civl matter. The police response when my sister shows up is that her husband has possession so she has to leave. They actually mock her and tell her take it back to court because it's a civil matter. Her lawyer says they can ignore the order and arrest her (for trespass) if she refuses to leave. We understand the whole contempt process (which has not gotten my sister anywhere--so far the judges have just reissued the order three times to let her in, which her husband then ignores by having his police friends there to threaten arrest. It's a game with him to retaliate against her for leaving him. None of the judges she's had seem to acknowledge her husband's previous actions and treat every issue in a vacuum. She's also not had the same judge more than twice, which isn't helping).

Does this make sense? Should my sister think about getting a second lawyer's opinion or maybe a new lawyer? Her current one does not seem to do anything to counter my sister's husband's aggressive manipulations of the process.

Sounds like she has different magistrates. Well, the problem is a new lawyer won't do much more. he is doing what he can. He is right -- unless the court order specifically states that the police MUST accompany her to pick up her belongings then it is a civil issue. Actually ask her to have them issue an order stating the SHERIFF must accompany. That would probably work.

 

[LdiJ]

Sounds like she has different magistrates. Well, the problem is a new lawyer won't do much more. he is doing what he can. He is right -- unless the court order specifically states that the police MUST accompany her to pick up her belongings then it is a civil issue. Actually ask her to have them issue an order stating the SHERIFF must accompany. That would probably work.

I agree. However I also think its important to make the judge aware of his relationship with the local police, and that they are refusing to enforce the court order. That would hopefully cause the judge to issue more strongly worded orders.