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Maverick
Maverick, Lawyer
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Experience:  Civil Law - 13+ years
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In our divorce, which was final 7/16/2011, the judge ordered

Resolved Question:

In our divorce, which was final 7/16/2011, the judge ordered my ex to have his belongings out by 7/1/2011. He has and I was told I would have to file a contempt of court form. He is on probation for a DUI and also has a case against him for illegal gun possession and traveling with the guns. He is going to trail for that.
My question is, if I file contempt papers, would that cause him to go right to jail? I don't want him to go to jail because of this, I just want him to take his stuff---Expensive tools that he says he wants.
My parents own the 2 family that I live in and have a restraining order on my ex, so he has to make arrangement to remove things, but he has had 9 months.

Thanks, XXXXX XXXXX in Mass.

Michelle
Submitted: 3 years ago.
Category: Family Law
Expert:  Maverick replied 3 years ago.

Welcome to Just Answer! My name isXXXXX very much enjoy what I do and I hope that you will benefit from this information.

 

You can ask for contempt but the judge will not send him to jail over this right away. The judge will likely tell him that he has 10 day or so after the hearing to get his stuff out and that if he does not do so after that then he will have forfeited his right to ever get it back.

 

 

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Customer: replied 3 years ago.
You said he wouldn't go to jail right away. What did you mean by right away?
Expert:  Maverick replied 3 years ago.

Sorry, I should have been more clear. The judge has the power to give him a chance to get his tools out in 10 days or so and if he does not comply, then the judge cold put him in jail. But this is not likely to ever happen in this case because the judge can just say to him that if he does not get his tools out, he forfeits his rights to them period, end of story kind of thing.

 

 

Maverick, Lawyer
Category: Family Law
Satisfied Customers: 3432
Experience: Civil Law - 13+ years
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