I have a restraining order on my husband we have a car that is in both of our name who gets the car?
2 attorney answers
It depends on what the order says. I am assuming that by restraining order you mean a 50B domestic violence protective order and I am basing my answer based on that assumption. A judge can grant possession of a vehicle in domestic violence protective order. Read the order carefully to see if you were granted possession of the car. With that being said, all the judge can do in a 50B order is grant physical possession. This means that if it was granted to you, you have the right to possess and use the car and he can't take it from you. However, the DVPO does not change ownership interests in the car, so if it is titled in both of your names it will remain that way until both of you agree to change that or there is a subsequent order addressing the ownership of the car.
The order, unless it specifically states, does not give the vehicle to anyone. this mean either of you can take it at anypoint. If he is able to take the vehicle without violating the order...ie...you park it at Target and while you are inside, he takes it, legally he can do so....now stranding you at Target (this is just an example) could potentially be a violation of the order.