My ex husband was allowed to stay in our marital home with my consent after the divorce. He was supposed to pay all bills related to the home and keep the house in GOOD condition. He abandoned the home after 9 months of living there but before he left, he vandalized the inside of the property. I have already been told by the insurance company that they will not pay for damages since both names are on the insurance policy and a homeowner can't file a claim against themselves. Only my name is on the mortgage but the home was purchased during our marriage. I filed a police report and I want to know if I can pursue a warrant against him for vandalism and also take him back to court for violating the terms of divorce decree?
Family Law Attorney
Anytime a party violates the terms of an order, the damaged/offended party has the right to file a complaint for contempt against the violating party. Thus, if the terms of the consent you are referring to were contained within your divorce decree, you can take him to court for contempt of that order.
The question as to whether you can pursue a warrant for vandalism should be posed to a police officer.
I hope this information helps answer your question(s).
~ Kem Eyo
The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor does it establish an attorney-client relationship between the individual posting the question and the attorney providing the answer.
3 lawyers agree
Divorce / Separation Lawyer
This question sounds very much like one posted very recently. The advice is the same. See a lawyer right away to determine if there is a good remedy under the decree. I think this is pretty likely NOT to be a criminal matter, and I suspect the police and criminal courts would steer you back, as theys hould, to your divorce lawyer. Your remedies will be dictated mostly by the language of the court order.
If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to communicate general legal information and am not representing you. Do feel free to call me at 404-768-3509 if you wish to discuss actual representation (the phone call also does not retain counsel; that requires an office visit and appropriate paperwork). In that a forum such as this provides me with limited details and doesn't allow me to review details and documents, it is possible that answers here, while meant to be helpful, may in some cases not be complete or accurate, and I highly recommend that you retain legal counsel rather than rely on the answers here. (You can also email my office at email@example.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). Any information in this communication is for discussion purposes only, and is not offered as legal advice. There is no right to rely on the information contained in this communication and no attorney-client relationship is formed. Nothing in my answer should be considered as tax-advice. To ensure compliance with IRS Circular 230, any U.S. federal tax advice provided in this communication is not intended or written to be used, and it cannot be used by the recipient or any other taxpayer (i) for the purpose of avoiding tax penalties that may be imposed on the recipient or any other taxpayer, or (ii) in promoting, marketing or recommending to another party a partnership or other entity, investment plan, arrangement or other transaction addressed herein. I am also required to advise you, if your question concerns bankruptcy, that the U.S. Congress has designated Ashman Law Office as a debt relief agency that can help people file bankruptcy.
2 lawyers agree
Divorce / Separation Lawyer
Weather or not he is arrested will be up to a judge. However, it sounds like you might have a case. You need to go down to the magistrate court in your county and fill out a "warrant application" then the judge will set a hearing and decide if he has broken the law. Good luck.
1 lawyer agrees