jvalentine1043
Junior Member
Reside in Delaware
I had a very unique experience today. Both my wife and I have protective orders against one another. However, during the "temporary order" she was give 2 and a half days to vacate the apartment before it turned back over to me. During this time she moved to her mother's house and I retained possession three days later. Upon the "final" order we were advised to stay away from each other's residence.
I found out that she entered the apartment yesterday, convincing the leasing office that she had authorization to do so. When I found out I contacted the police, HOWEVER they were not able to issue a warrant for contempt BECAUSE she never reported her new address to family court. Therefore when it was stated that we were to stay away from each other's residence the address that they pulled up showed the same address we used when we initially filed. When she vacated the apartment and moved to her mother she never updated a change of address. Which meant apparently that she could access the address (since it showed up as hers), take some items, and not be in violation. She has a lawyer who advised her of this small technicality and was able to not be arrested. The police has since addressed this with the leasing office that she is not to enter the residence but I now have no criminal leeway to have her arrested.
I went to the family court and advised them and they verified that the addresses are the same and that she never updated her address. However, she still can be found in contempt for not updating the address and for entering the apartment, especially since the temporary order stated that she had 3 days to vacate.
My question is when I go before the judge do I have any legs to stand on in finding her in contempt or will they just pass over this as well? Any thoughts?
I had a very unique experience today. Both my wife and I have protective orders against one another. However, during the "temporary order" she was give 2 and a half days to vacate the apartment before it turned back over to me. During this time she moved to her mother's house and I retained possession three days later. Upon the "final" order we were advised to stay away from each other's residence.
I found out that she entered the apartment yesterday, convincing the leasing office that she had authorization to do so. When I found out I contacted the police, HOWEVER they were not able to issue a warrant for contempt BECAUSE she never reported her new address to family court. Therefore when it was stated that we were to stay away from each other's residence the address that they pulled up showed the same address we used when we initially filed. When she vacated the apartment and moved to her mother she never updated a change of address. Which meant apparently that she could access the address (since it showed up as hers), take some items, and not be in violation. She has a lawyer who advised her of this small technicality and was able to not be arrested. The police has since addressed this with the leasing office that she is not to enter the residence but I now have no criminal leeway to have her arrested.
I went to the family court and advised them and they verified that the addresses are the same and that she never updated her address. However, she still can be found in contempt for not updating the address and for entering the apartment, especially since the temporary order stated that she had 3 days to vacate.
My question is when I go before the judge do I have any legs to stand on in finding her in contempt or will they just pass over this as well? Any thoughts?
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