I have a restraining order on my husband and he was evicted from the house we own. He is the primary owner and I'm the cobuyer.

Attorney answers (3)

1. Licensed in GA

   

   Glen AshmanPro

   East Point Divorce / Separation Lawyer

   Contributor Level 20

   

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   Answered January 31, 2013 17:22. People are not arrested for violating court orders, unless a contempt is filed and a judge decides on that remedy. No one here has read your order so no one here can tell you if his conduct is contempt. One person can answer you (your lawyer). If you do not have one, you are long overdue to retain one to deal with these issues.

   If you find this answer helpful, please mark it here on AVVO as helpful. In answering you, I am attempting to... moreIf 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 (and am not your lawyer). 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 geaatl@msn.com . An email also does not retain my office, but can help you get an appointment set if you prefer not to call). I am happy to discuss possible representation with you. 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. less

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2. Licensed in GA

   

   Ikemesit Eyo

   Atlanta Family Law Attorney

   Contributor Level 18

   Answered February 06, 2013 13:36. Only the judge can say definitively whether or not a person is in contempt of a court order. For an attorney to tell you the likelihood of a judge finding him in contempt, that attorney would need to know precisely what your order says and a little about why he did what he did. Thus, this question should be directed to the attorney that represented you in the divorce. If that attorney is not available (or if you did not have one), you would need to sit down with another local attorney.
   
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   ~ Kem Eyo

   The above answer is a general explanation of legal rights and procedures. It does not constitute legal advice. Nor... moreThe 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. less

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3. Licensed in GA

   

   Kyle Epps

   Cumming Family Law Attorney

   Contributor Level 3

   Answered February 07, 2013 12:28. Unfortunately this is not a question that can be answered without a lot more information. This situation would need a lawyer to review as there are both Civil and Criminal penalties for violation of a TPO/ Restraining order depending on the situation that order comes from. If this conduct is going on you need to have a lawyer representing you to deal with it.

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