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Dimitry K., Esq.
Dimitry K., Esq., Attorney
Category: Family Law
Satisfied Customers: 41220
Experience:  I provide family and divorce law advice to my clients in my firm.
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My husband is on probation for 9 months (deferred adjudication)

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My husband is on probation for 9 months (deferred adjudication) for domestic violence against me. Needless to say I'm leaving and preparing for a divorce. I'm currently with a family member only 2 miles away. I'm 100% disabled. he uses my health to harass and stalk me, saying he's worried about me, etc. I'm frightened and just want out. My son is in the military and is on his way here (El Paso) to get me. My biggest question is that there are 2 vehicles ( we are both on the titles) and he refuses to let me take one. No one has petitioned for divorce yet. He can't leave the county. I'm sure I can! I have a sick father in SA,TX I need to visit. Not to mention isn't it neglect or abuse for him to keep a vehicle from me? He plead guilty, yet I'm out of my home, have no car to get to med appts and now have to leave town due to his stalking?! Please help? How do I get my car?

Thank you for your question. Please permit me to assist you with your concerns.

You are absolutely right that you leave whenever you wish. Since you are a legal adult who is competent and whose rights were not take way by the courts or via probation or other disciplinary measures, you can just leave at any time. Plus, since the vehicles are community property in your marriage, you can simply take the key and leave in one of them (if you can still drive and operate a vehicle). It isn't neglect or abuse for him to keep the vehicle from you, but at the same time you have no obligation to honor that request and you can take the vehicle out. If he blocked you in, get a tow truck to tow his car out of the way. The probation officer is correct, this is a civil matter, but you can most definitely get his car removed and simply drive away.

Good luck.

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