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Can I have my ex husband arrested for vandalism?

Atlanta, GA |

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?

Attorney Answers 3


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.

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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.

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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.

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