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Just learned husband' moving out of state, in a day. divorce trial in wks. still on probation from DV conviction has violations.

Yorba Linda, CA |

What will happen now that this jerk is moving out of state in terms of accountability and liabilities? divorce trial is 4wks away. Husband has 5yr CPO and assault battery DV conviction, restitution, and is in violations criminally, as well as civil and family law. I understand he's literally leaving tomorrow.
Should I file a complaint with the sheriffs today?

Attorney Answers 4

Posted

Why do you care if he moves out of state or not. Let him go. If he ignores the criminal court he"ll have warrants. If he ignores civil court he'll be in contempt. If he doesn't show for the trial, he is the one at the disadvantage.

Most court orders are enforceable under the full faith and credit clause.

This is for general information only. Nothing in this information should be construed as creating an attorney-client relationship nor shall any of this information be construed as providing legal advice. Laws change over time and differ from state to state. These answers are based on California Law.Applicability of the legal principles discussed may differ substantially in individual situations. You should not act upon the information presented herein without consulting an attorney about your particular situation. No attorney-client relationship is established.

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Posted

Wonder if he's moving with the permission of probation? he'll have to come back for the trial or he will be in default.

No legal advice is given here. My responses to questions on Avvo are never intended as legal advice and must NOT be relied upon as if they were legal advice. I give legal advice ONLY in the course of a formal attorney-client relationship. Exchange of information through Avvo's Questions & Answers forum does not establish an attorney-client relationship with me. That relationship is established only by joint execution of a written agreement for legal services. I am only licensed in the States of California and New York and the District of Columbia

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Posted

If he is on informal probation there should be nothing that stops him from moving out of state. If he is on formal probation he would need to let his probation officer know.

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Posted

Unless there is a court order nothing can prevent him from moving out of state. If he fails to show for trial there will be consequences.

ANDREW ROBERTS CRIMINAL AND TRAFFIC TICKET DEFENSE ATTORNEY

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