Results 1 to 5 of 5

Hybrid View

  1. #1

    Default How to Get Your Property if You Have a PFA Order Against You

    My question involves restraining orders in the State of: PA.

    The story is somewhat long and convoluted, as most PFA backgrounds are. I'll put the tl;dr version here.

    Wife and husband agreed to co-parent, and dissolve the marriage amicably. They still slept in the same bed until arrangements could be made for one to move out. A discussion was had where husband told wife she needed to get a job, because this was now a room mate situation. Wife said no, you should pay for everything. Husband said no, not happening. (Wife has worked for 95% of the marriage AND made significantly more than husband.)

    Wife sleeps in the same bed, gets up, takes a shower, does her hair, make up, typical morning. Then promptly goes to the courthouse to get a PFA. And wins.

    Husband doesn't plead guilty, but takes a deal on the advice of his attorney. The judge allegedly had an issue with men, and the attorney was afraid of a harsh sentence. Husband took a deal, no questions asked.

    The third party appointed for property transfer was completely biased in favor of wife. Husband didn't receive most of the belongings stated in the PFA. Third party states "Sure, when you hand over XYZ you can have the rest of your property."

    XYZ was NOT in the PFA for property transfer. And the third party admitted that wife sold one item in the PFA property list, so she either agreed to give him an item she no longer possed, or she sold an item she agreed to give him.

    Does husband have ANY recourse?

  2. #2
    Join Date
    Sep 2005
    Location
    Behind a Desk
    Posts
    98,846

    Default Re: How to Get Your Property if You Have a PFA Order Against You

    If the court has ordered specific action to be taken, and the person ordered to take action is not complying with the order, go back to court and ask the court to compel compliance or hold the person in contempt.

    But really, work with your lawyer.

  3. #3

    Default Re: How to Get Your Property if You Have a PFA Order Against You

    Quote Quoting Mr. Knowitall
    View Post
    If the court has ordered specific action to be taken, and the person ordered to take action is not complying with the order, go back to court and ask the court to compel compliance or hold the person in contempt.

    But really, work with your lawyer.
    This is what we were figuring, but we wanted to get some opinions before involving the lawyer. We figured with the PFA, anything and everything will have to go through the courts. We just weren't sure if he had any legitimate recourse, because unfortunately it seems like she's been able to do whatever she wants up until, and possibly even now.

    Thank you!!

    Quote Quoting llworking
    View Post
    Keep in mind that any recourse would require at least another trip to court. Make sure that the value of the item sold is worth another trip to court, cost wise.
    True. Good thing to keep in mind!

  4. #4
    Join Date
    Jun 2010
    Posts
    671

    Default Re: How to Get Your Property if You Have a PFA Order Against You

    And "we" are... ?

  5. #5
    Join Date
    Oct 2006
    Posts
    16,474

    Default Re: How to Get Your Property if You Have a PFA Order Against You

    Keep in mind that any recourse would require at least another trip to court. Make sure that the value of the item sold is worth another trip to court, cost wise.

    1. Sponsored Links
       

Similar Threads

  1. Establishment: My Ex Has a Restraining Order Against Him - What Can I Do About His Property
    By Sunitcomes in forum Orders of Protection
    Replies: 2
    Last Post: 05-25-2015, 06:38 PM
  2. Co-Ownership: Order to Sell Property
    By rebeccasrevenge in forum Real Estate Ownership and Title
    Replies: 14
    Last Post: 12-26-2011, 08:40 AM
  3. Order to Seize Property in Michigan
    By cbgmichigan in forum Civil Procedure
    Replies: 1
    Last Post: 11-25-2008, 08:27 PM
  4. Property Division: What Happens to Marital Property After Restraining Order
    By stbf4 in forum Divorce, Annulment and Separation
    Replies: 1
    Last Post: 11-11-2008, 08:22 PM
  5. Replies: 6
    Last Post: 08-17-2007, 06:28 PM
 
 
Sponsored Links

Legal Help, Information and Resources