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JB Umphrey
JB Umphrey, Attorney
Category: Legal
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Experience:  Explains legal matters based on 14+ years experience.
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If a petitioner cannot get the restraining order served on

Resolved Question:

If a petitioner cannot get the restraining order served on the respondent because the respondent leaves the state with a vehical in joint ownership and that vehical is ask for possesion of through the petitioner can the courts put a warrant out for the respondent?
Submitted: 1 year ago.
Category: Legal
Expert:  Jack R. replied 1 year ago.

Hi, thank you for asking your question today. The other Experts and I are working on your answer. By the way, it would help us to know:

Is there a court order for the individual to return the vehicle ?

 

What exactly do you need a warrant for; has the individual failed to appear, or otherwise violate a court order ?

 

The vehicle is jointly owned, why/how do you have greater rights to the vehicle than the other individual ?

 

Thank you again for trusting us with your problem. Please reply as soon as possible so that we can finish answering your question.

Customer: replied 1 year ago.

First of all I am the respondent in this situation.


No there is no court order to return the vehical. But in the petition by my wife, she ask for the truck (vehical in question) and the judge signed the petition but the hearing is not till the 17th of this month. I am in a different state and because I am self emlpoyed and my place of business is also my farm. most means of income has been taken from me. The petitioned restraining order has stripped me of my income and my business has been taken over by my wife and my stepsons. This whole situation gets very complicated.


Question no. 2 I wish not to appear at the 17th hearing because my wife has already indicated that I have violated the petitioned restraining order and I feel she will have me put into jail. She has made claims that are in no way true. This whole thing is because of a heated argument where I lost my temper with her and called her a G D bitch. The step sons heard my words and they are directing or so it seems her actions. Our farm is worth a small fortune and it seems as though they are trying to remove me and take over my life. I have been able to do nothing since the day this began other than respond to aggressions against me. Which is them keeping me from my wife of 9 1/2 years and everything her and I have built together. She placed her 21 year old son in charge of all of my affairs, and has placed him as head of my home and my business.


Question No. 3 My wife and I own the truck jointly and it is my only means of transportation. And since they have taken my business I have no access to anything. They changed the bank accounts and took everything from me. She and I have been sharing the truck but now I feel if I return it again I will not get it back. And it will be a hardship for me to get it back to her.

Customer: replied 1 year ago.

I have still not received any answer to my questions. Do you need more time?

Expert:  JB Umphrey replied 1 year ago.
Welcome and thank you for your question!

I am most sorry for the delay in your receipt of an answer. From the facts you've described, you have not been charged with a crime, those no criminal warrant would issue.

Separately, you have not indicated if you were properly served with a notice or subpoena to appear. If you were subpoenaed and failed to appear, then the court may issue a warrant for your non-appearance on the subpoena; however, that warrant would not be enforced across state lines. In other words, you would not be arrested or extradited in another state for it.

If, somehow, the court were to extinguish your legal rights to the vehicle and if you failed to return it upon demand/order, then technically one could try to levy criminal charges of being in possession of a stolen auto. To get to that point, however, there are a lot of speculates "ifs" between now and then.

My goal is to provide you with excellent service – if you feel you have gotten anything less, please reply back. I am happy to address follow-up questions. Again, I am very sorry of the delay that you experienced from others. I was not online at that time but I hope that I have since addressed your concerns. Thank you for your business!

~~ J.B.
JB Umphrey, Attorney
Category: Legal
Satisfied Customers: 20232
Experience: Explains legal matters based on 14+ years experience.
JB Umphrey and 4 other Legal Specialists are ready to help you
Expert:  JB Umphrey replied 1 year ago.
I see where you read my answer but not where you asked a follow up question or rated my effort to assist you with the law as it relates to your issue. The Site has been having some major systems issues recently so we are not always receiving customer replies or ratings.

If you do have a follow up for me, if you could send it again and let me know this is your second try (so I can let the Site administrators know), I would appreciate it.

Otherwise, if I have answered all of your questions, please take brief moment to rate my assistance to you so that I can receive credit for my work.

Thank you in advance.

~~ J.B.
Customer: replied 1 year ago.

In the petition it says I am not to have any contact with my wife, but she told me I could contact her due to business that we share. She said she would answer if she wanted to or return my call if she wanted to. But in many of the calls we would argue about our situation after business was conducted. She says she will be using this against me in the hearing on the 17th. Which is the hearing for this petition of a restraining order. Can they put me in jail or fine me for this at this time.

Expert:  JB Umphrey replied 1 year ago.
Thank you. As a technical matter, a person can be punished for violating a court order.

Your wife cannot change a court order. Only the court can change the court order.

At any hearing, it will be incredibly important to convey that the wife told you to contact her re: business matters.

Honestly, however, the problem still remains that you continued to talk with her after the business issues were addressed. That would still put things in technical violation of the court order and, thus, subject to punishment. And, yes, punishment can be a fine and/or jail for contempt/violation of the order.

I hope this helps to clarify things!

~~ J.B.

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