Restrain Order


#1

Can you file a restraining order from my wife moving everything out of the house if we are still living together?


#2

The restraining order you seek deals with property, and therefore must be part of an ED action. You must be living separate and apart before an ED action can be filed.


#3

If my complaint is dismissed, How do I stop her from moving everything in the house? Can I file another restraining order, but not equitable distribution?


#4

No, you must either move the items to storage to prevent her from taking them, or move out and file an action for equitable distribution and include a motion for a temporary restraining order preventing her from taking the items.


#5

So how do you stop a person from taking your possessions?


#6

Oh, I see you answered that thanks.


#7

No problem, best of luck.


#8

In my experience, filing for a restraining order on preventing property from being taken from the marital home…is BS and a waste of money. I paid an extra $2,500 for this and after my ex started taking things out of the house, I went back to my attorney to try to have him stopped…and I was THEN told the restraining order is to prevent him from SELLING or DISPOSING of the property until the ED trial (which ended up being over a year later)…and that it was perfectly legal for him to “move” property as long as he didn’t get rid of anything. I think attorney’s “sell” this action to clients unjustly and make them believe it will stop the items from being moved…and it does NOT! My advice is to take whatever property you don’t want her to have…just make sure you get it FIRST (and store it where she can’t get access to it)! Cause whoever gets it first is most likely going to end up with the property in the end. And some ex’s CLAIM (in the end) that they don’t know what happened to the property!!! TOTAL BS!!!

I’m not an attorney…but this is my experience. Hope it helps someone from this unjust expense.