Is it or is it not?

[BiscuitCat]

A temporary restraining order preventing the hiding, selling, disposing, etc. of marital property was issued by the court while the divorce is in progress. One party in the divorce advertised for sale marital items in their possession after the TRO was issued. They claim they did not go through with the sale however. They do admit to giving marital property to a third party. I realize the the gifting of the property is a violation of the TSO but I am wondering if the intention to sell the other property was a violation since the intent was clearly in violation of the order. The advertisement for sale was made on two separate occasions but the claim is that the items were not sold. Since the items in question are season tickets for a sporting event, it is not possible to produce the items IF they were used rather than sold. All of this occurred in Alabama if that matters. So, my question is, was this a violation of the TSO to advertise the items for sale even if a sale did not in fact occur? Or does the sale have to occur for it to be a violation? Thank you!

 

[I AM ALWAYS LIABLE]

A temporary restraining order preventing the hiding, selling, disposing, etc. of marital property was issued by the court while the divorce is in progress. One party in the divorce advertised for sale marital items in their possession after the TRO was issued. They claim they did not go through with the sale however. They do admit to giving marital property to a third party. I realize the the gifting of the property is a violation of the TSO but I am wondering if the intention to sell the other property was a violation since the intent was clearly in violation of the order. The advertisement for sale was made on two separate occasions but the claim is that the items were not sold. Since the items in question are season tickets for a sporting event, it is not possible to produce the items IF they were used rather than sold. All of this occurred in Alabama if that matters. So, my question is, was this a violation of the TSO to advertise the items for sale even if a sale did not in fact occur? Or does the sale have to occur for it to be a violation? Thank you!

My response:

What you're talking about is a "quasi-criminal" matter; so, I'll answer your question with a question, or two:

1. If I go into a bank and point my gun at the teller, and say, "Gimme all your money", but the robbery is foiled before I can get a dime, has a crime occurred ?

2. If a tree falls in the forest, but no one is around to hear it crash to the ground, has it made a sound ?


Obviously, question / scenario #1 requires "intent". Therefore, whether or not I'm successful in completing the robbery itself is irrelevant to the crime. A crime has been committed.

However, with regard to question / scenario #2, that was stated as a philosophical question, and I thought it might be interesting, as well as food for thought.

Anyway, you should catch my drift; that is, a violation of a TRO is criminal in nature, subjecting a contemnor to fines, jail or both. Whether or not the sale of the tickets was successful has no bearing on the violation of a court order. The intent was to sell, and could have been carried out. A clear violation.

IAAL



[Edited by I AM ALWAYS LIABLE on 12-21-2000 at 03:23 AM]