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Nate, Lawyer
Category: Criminal Law
Satisfied Customers: 10686
Experience:  Over 10 years of criminal defense practice.
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If under temporary orders which keep spouses from selling property

Customer Question

If under temporary orders which keep spouses from selling property during divorce one spouse refuses to let another spouse sell horses, and this results in the starving and mailtreatment of those horses and thereby is considered a violation of law, can the spose who refused to allow the sale be considered quilty of entrapment or some other form of coercion etc
Submitted: 5 years ago.
Category: Criminal Law
Expert:  Nate replied 5 years ago.
Thank you for your question. Be sure to go ahead and bookmark for future questions.

Has your friend been criminally charged?
Customer: replied 5 years ago.
Yes, he plea bargained a case and is on probation (to my understanding). If he commits a crime while under that agreement, then he risks jail. Problem is estranged wife has all assets locked up and he lost his job because of criminal case.. So he tried to get her ok to sell horses or even give them to her and she refused. Eventually he did sell them to someone who could feed them. She is now bringing him up on contempt of court charges over violating temp orders in divorce case. If he is convicted, then he goes to jail cause violated requirements to stay free in criminal case.
Expert:  Nate replied 5 years ago.
The civil contempt petition will not affect his criminal probation. Only committing crimes will do that. Being accused of violating a civil order will not affect him.

He still needs to fight the contempt petition because she created an untenable situation, but he is not going to be in danger of going to jail under his criminal probation.

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