restraining order/action of protected person

[phlegmish]

California

My wife received DV order restraining me this past Monday. Today she came to my residence and took my car. Car is in both names. Does she violate order? Do I? Is this theft? Does person who drove her over violate any laws? Do I have any recourse?

 

[Zigner]

California

My wife received DV order restraining me this past Monday. Today she came to my residence and took my car. Car is in both names. Does she violate order? Do I? Is this theft? Does person who drove her over violate any laws? Do I have any recourse?

Wait, she came and picked up HER car? Don't worry about it. She has every right to do that.

 

[Isis1]

Wait, she came and picked up HER car? Don't worry about it. She has every right to do that.

ditto!

does the restraining order say YOU can't be around her, or SHE can't be around you? were you home?

 

[Just Blue]

California

My wife received DV order restraining me this past Monday. Today she came to my residence and took my car. Car is in both names. Does she violate order? Do I? Is this theft? Does person who drove her over violate any laws? Do I have any recourse?

If the car is in both names then it is as much her as yours. Unless the PO prohibits HER from coming near you then she didn't violate the order. The person who drove her did nothing wrong.

Your recourse is to file for a divorce and request the car as part of your portion of marital property.

 

[CdwJava]

California

My wife received DV order restraining me this past Monday. Today she came to my residence and took my car. Car is in both names. Does she violate order? Do I? Is this theft? Does person who drove her over violate any laws? Do I have any recourse?

The order restrains only the restrained party. Odd as it may sound, she can come to the curb in front of your place without breaking the law.

Also,it is not theft of any kind to take your own property.

At this point, you can file for divorce in Family Court and eventually a judge can decide who gets what property.

 

[phlegmish]

ditto!

does the restraining order say YOU can't be around her, or SHE can't be around you? were you home?

I can't be around her or her "children" (both in 20's). He drove her car she took mine. all cars are in both names. I was in house watching her drive away, maybe 20 feet away from both of them.

I am sure she is going to let her son use the car but he has no insurance and is excluded from ours. If I were to follow him to work but never break the order (stay 100 feet away) is it just as legal to take it back?

 

[Just Blue]

I can't be around her or her "children" (both in 20's). He drove her car she took mine. all cars are in both names. I was in house watching her drive away, maybe 20 feet away from both of them.

I am sure she is going to let her son use the car but he has no insurance and is excluded from ours. If I were to follow him to work but never break the order (stay 100 feet away) is it just as legal to take it back?

I would STRONGLY suggest a consult with a criminal attorney before doing this.

 

[Isis1]

I can't be around her or her "children" (both in 20's). He drove her car she took mine. all cars are in both names. I was in house watching her drive away, maybe 20 feet away from both of them.

I am sure she is going to let her son use the car but he has no insurance and is excluded from ours. If I were to follow him to work but never break the order (stay 100 feet away) is it just as legal to take it back?

don't do it. i'm serious. DO NOT put yourself in a situation that will make matters worse. go down to the courthouse TOMORROW first thing. file for divorce, ask that she keep the car she has, and return the other car. her children are not entitled to the marital assets. do NOT do this on your own. let her be the one that looks petty. you are already in a mess with the restraining order.

 

[CdwJava]

I can't be around her or her "children" (both in 20's). He drove her car she took mine. all cars are in both names. I was in house watching her drive away, maybe 20 feet away from both of them.

I am sure she is going to let her son use the car but he has no insurance and is excluded from ours. If I were to follow him to work but never break the order (stay 100 feet away) is it just as legal to take it back?

Of course, if you get caught following him, and he calls the cop, you might be accused of stalking. This is a much more serious offense than even the restraining order.

Get the divorce proceedings started and ask for the car - or one of them - while the process is going on. Generally, the courts will do that.