Restraining orders and property

[Paul600honda]

What is the name of your state (only U.S. law)? CA
I filed a restraining order against my now ex-wife and then filed for divorce. She filed a restraining order against me in retaliation. All non-community property left in her residence was put on hold and not to be touched until an agreement was reached on what could be taken. I recently found out she threw out most of it. What can I do? And did she go against the court order if my stuff remained on her property?

 

[Ohiogal]

What is the name of your state (only U.S. law)? CA
I filed a restraining order against my now ex-wife and then filed for divorce. She filed a restraining order against me in retaliation. All non-community property left in her residence was put on hold and not to be touched until an agreement was reached on what could be taken. I recently found out she threw out most of it. What can I do? And did she go against the court order if my stuff remained on her property?

Aren't you all sweet. Using restraining orders for revenge? Both of you need to grow up.

 

[mistoffolees]

What is the name of your state (only U.S. law)? CA
I filed a restraining order against my now ex-wife and then filed for divorce. She filed a restraining order against me in retaliation. All non-community property left in her residence was put on hold and not to be touched until an agreement was reached on what could be taken. I recently found out she threw out most of it. What can I do? And did she go against the court order if my stuff remained on her property?

What exactly does the court order state?

She is probably in contempt for destroying marital assets.

 

[LdiJ]

What exactly does the court order state?

She is probably in contempt for destroying marital assets.

He specifically stated that it was non-community property that she wasn't supposed to get rid of.

OP, what kind of stuff are we talking about? What kind of fair market value did it have?

 

[Paul600honda]

Further info

The property in question: $1500 competition bow, handyman tools, furniture, display knives, clothes, and keepsakes from my childhood. Grand total of about $2500-$3500, plus sentimental value. Hope this helps, and thank you very much for your interest and help. Looking forward to a bit more insight.

 

[LdiJ]

The property in question: $1500 competition bow, handyman tools, furniture, display knives, clothes, and keepsakes from my childhood. Grand total of about $2500-$3500, plus sentimental value. Hope this helps, and thank you very much for your interest and help. Looking forward to a bit more insight.

You can file for contempt for her violating the court orders. She may be required to reimburse you for the value of the items.

 

[mistoffolees]

The property in question: $1500 competition bow, handyman tools, furniture, display knives, clothes, and keepsakes from my childhood. Grand total of about $2500-$3500, plus sentimental value. Hope this helps, and thank you very much for your interest and help. Looking forward to a bit more insight.

As Ldij and I told you, you can file for contempt and ask for her to reimburse you. However, you won't get any sentimental value back. You may also have a problem getting full value. When property is split, courts use 'fair market value' as a guide - which is basically garage sale value (at least, that's what my attorney told me when we were dividing assets). That's going to be far, far lower than what they cost.

However, since she willfully destroyed the property, the judge may award you full value as a penalty to her, so don't assume that they'll determine the same way as if you were dividing the property. Ask your attorney.

You might want to do your homework and have formal estimates for replacement costs (or, at least, prices that you can download from the Internet), because that might help, but don't count on getting what you think they're worth.

 

[Paul600honda]

Thank you very much for all your help! It is very kind and considerate of you to donate your time to those of us in need. Have a great day

 

[Ohiogal]

I filed a restraining order against my now ex-wife and then filed for divorce. She filed a restraining order against me in retaliation. All non-community property left in her residence was put on hold and not to be touched until an agreement was reached on what could be taken. I recently found out she threw out most of it. What can I do?

In reply to your response: My restraining order against her was because she filed false claims with the police claiming I had been harassing her and her 3 year old all day(in person). I was at work 50 miles away from 6 in the am to 22:30 p.m. that day and had proof. I still spent 4 days in jail before the proof was able to be looked at by a judge because she filed the claim on a friday night. I am sorry if this wasnt presented to you, I am trying to keep this as private as possible. Thank you for your "advice and legal help". Try to remember before you slander someone that "the devil is in the details".

Slander? Nope. Didn't slander you at all.