My sister was granted a divorce and given assorted marital property. The husband will not allow her to pick up items and stated he would shot anyone that came on the property. This was to be done in 30 days which end Nov 30. What is her next step?

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My sister was granted a divorce and given assorted marital property. The husband will not allow her to pick up items and stated he would shot anyone that came on the property. This was to be done in 30 days which end Nov 30. What is her next step?

The divorce was granted Oct 31 and the 30 days will be up Nov 30. There is a
restraining order in place for 2 year. Does she need to go to a magistrate or hire
another attorney?

Asked on November 19, 2017 under Family Law, West Virginia

Answers:

SJZ, Member, New York Bar / FreeAdvice Contributing Attorney

Answered 4 years ago | Contributor

The only way to safely and legally get her items is to file a motion in family court to hold him in contempt of court for violating the order, and in the process to ask that the court issue an order that the police or sheriff help her retrieve her items. She legally may do this herself, but hiring an attorney would be very helpful. If the value of the items does not justify the cost of an attorney, it may be best to simply forget about the items--they may not be worth continuing to engage with and possibly enraging such a volitile, unreasonable person.


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