If my sister was granted a divorce and given assorted marital property but her husband will not allow her to pick up items, what is her next step?
Question Details: And he stated that he would shoot anyone who came on the property. This was to be done within 30 days which is coming up. There is a restraining order in place for 2 year. Does she need to go to a magistrate or hire another attorney?
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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