TRO question

[classygirl423]

What is the name of your state (only U.S. law)? West Virginia
I am in the middle of a divorce (in WV) because my husband cheated on me. We haven't even had our first hearing yet, which is scheduled for mid-January. Because of that, he comes and goes as he pleases at the house because we do not have anything in writing yet as it relates to living conditions.
I went to my dad's house for Thanksgiving and came back today only to find his digital camera with pictures of his girlfriend in my bathtub on Thanksgiving using my things. He also uploaded the pictures to our computer.
The girlfriend has threatened me in the past and I didn't act on a TRO then just because that is when we first split up and I just wasn't thinking as clearly as I should have been.
I can't take living like this anymore, escpecially when they are both disrespecting my personal property now. Do I have grounds for a TRO?
Thank you.

 

[Ohiogal]

You do not have enough to get a TRO against your hubby's lover. She is allowed there as it is your hubby's house as well and he has invited her. If you don't like the situation, you could move and take your personal belongings elsewhere.

 

[LdiJ]

You do not have enough to get a TRO against your hubby's lover. She is allowed there as it is your hubby's house as well and he has invited her. If you don't like the situation, you could move and take your personal belongings elsewhere.

You could do that, but personally, I would try for the TRO anyway. You are in the bible belt, you just might get it. Or, you might get it ordered temporarily, and maybe the full hearing for the TRO would fall after your January hearing on the divorce, and possibly you would get temporary possession of the marital home then.

If I were in your shoes, I would try it. The only thing you have to lose is your filing fee.

 

[Ohiogal]

You could do that, but personally, I would try for the TRO anyway. You are in the bible belt, you just might get it. Or, you might get it ordered temporarily, and maybe the full hearing for the TRO would fall after your January hearing on the divorce, and possibly you would get temporary possession of the marital home then.

If I were in your shoes, I would try it. The only thing you have to lose is your filing fee.

And if she doesn't get it, she may very well look like someone using the court and a domestic violence allegation as a way to better herself -- falsely. She has said nothing about being threatened or otherwise harmed. She is mad. Mad does NOT equate with a TRO.

Since when do we tell posters to use the law to further their own selfish interests when there is no legitimate reason behind it?

 

[LdiJ]

And if she doesn't get it, she may very well look like someone using the court and a domestic violence allegation as a way to better herself -- falsely. She has said nothing about being threatened or otherwise harmed. She is mad. Mad does NOT equate with a TRO.

Since when do we tell posters to use the law to further their own selfish interests when there is no legitimate reason behind it?

Wait a minute OG, how does domestic violence come into this in any way, shape or form? She is asking that her husband's lover be restrained from entering her home and using her belongings. While that is probably not the kind of restraining order that could be obtained in many areas, you cannot rule it out for everywhere.

I have seen people get restraining orders for MANY things that have nothing to do with domestic violence, or even violence at all.

Why did you make the assumption that I was encouraging her to make a false claim of domestic violence to get a restraining order?

 

[Ohiogal]

Wait a minute OG, how does domestic violence come into this in any way, shape or form? She is asking that her husband's lover be restrained from entering her home and using her belongings. While that is probably not the kind of restraining order that could be obtained in many areas, you cannot rule it out for everywhere.

I have seen people get restraining orders for MANY things that have nothing to do with domestic violence, or even violence at all.

Why did you make the assumption that I was encouraging her to make a false claim of domestic violence to get a restraining order?

TROs deal with domestic violence. That is how you get a TRO.

 

[LdiJ]

TROs deal with domestic violence. That is how you get a TRO.

Not in my state, a TRO could be for many reasons other than domestic violence...and not in many other states that I am familar with.

Heck, I have personally gotten a TRO against someone for something that was totally unrelated to DV.

 

[CourtClerk]

I am mortified (not that any of you care) that someone would post on here that you should go into court and make a fool of yourself by telling a judge that basically:

"she hasn't done anything to me recently, but she's coming into the home that my husband invited her in and using my stuff and I don't want her to!!!!" (stamping her feet, crossing her arms and having a tantrum)

Most of you wouldn't entertain that coming out of your kid's mouth.

 

[LdiJ]

I am mortified (not that any of you care) that someone would post on here that you should go into court and make a fool of yourself by telling a judge that basically:

"she hasn't done anything to me recently, but she's coming into the home that my husband invited her in and using my stuff and I don't want her to!!!!" (stamping her feet, crossing her arms and having a tantrum)

Most of you wouldn't entertain that coming out of your kid's mouth.

Ah, but that isn't the way it would read. It would read that "my husband's lover is coming into the marital home, where I still reside, and is using my personal belongings. Can you please order her to be restrained from doing so?"

And in the bible belt, that just might fly. It sure as heck wouldn't fly in CA, but CA is not in the bible belt. Heck, in my state that would probably get the husband restrained from entering the marital home as well.

 

[mistoffolees]

And in the bible belt, that just might fly. It sure as heck wouldn't fly in CA, but CA is not in the bible belt.

Neither is West Virginia by most definitions. At best, it's at the fringes.

I'm smack in the middle of the Bible belt and I don't see judges doing what you're suggesting. Most likely, they're going to say (if requested) "if the two of you can't decide how to use the house, one of you will get temporary possession and will be free to use it as they wish. The other will have to move"

She should either move out with all her stuff or ask the court for temporary possession of the house. Trying to continue sharing the house with her stbx and asking the judge to set the rules for that just isn't very likely.

 

[LdiJ]

Neither is West Virginia by most definitions. At best, it's at the fringes.

I'm smack in the middle of the Bible belt and I don't see judges doing what you're suggesting. Most likely, they're going to say (if requested) "if the two of you can't decide how to use the house, one of you will get temporary possession and will be free to use it as they wish. The other will have to move"

She should either move out with all her stuff or ask the court for temporary possession of the house. Trying to continue sharing the house with her stbx and asking the judge to set the rules for that just isn't very likely.

That's very possible. However she might luck out and get a temporary order that may last long enough that the issue can be addressed in their first hearing (already scheduled in January) regarding the divorce.

It cannot hurt to try, as long as she makes no false claims.