QUESTION
Can I get the police to arrest my ex wife for stealing my car?
Asked on Apr 09th, 2015 on Divorce - Florida
More details to this question:
We are divorced. Final order was signed on Tuesday. Car was in my name only during marriage. Mediation gave me car in settlement. Ex refuses to hand over car for 30 days and has refused to answer texts where I have told her I want my car back. Mediation agreement, part of order, stated that both parties were to follow agreement from date signed, over a week ago. I cannot afford a lawyer to file contempt, waste a month and then have her give back before judge cites her. I am in the meantime making payments on a car that I do not have possession of. Can I go to local cops with the order and ask to have her arrested for theft as she will not communicate with me or return my property?
5 ANSWERS
Social Security Disability Attorney serving Melbourne, FL
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Law Office of Robert E. McCall
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File an Emergency Motion with the Judge for the return of the vehicle.
Answered on Apr 10th, 2015 at 10:11 AM
John Arthur Smitten
You can try. Better to file a motion for contempt/enforcement with the court. Use of a lawyer is recommended.
Answered on Apr 09th, 2015 at 3:08 PM
Criminal Defense Attorney serving Deltona, FL
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R. Jason de Groot, P.A.
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The cops will most likely tell you that it is a civil matter. The court cannot hold her in contempt for a division of property matter. On the other hand the cops might try to help, it would be the luck of the draw as to who responded.
Answered on Apr 09th, 2015 at 11:24 AM
Family Law Attorney serving Greenacres, FL
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Ronald Bornstein, Attorney at Law
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Generally, what you describe may constitute theft of the car, and depending upon it's value, grand theft. You may be able to report the car as stolen to local law enforcement (for the jurisdiction that the car was stolen from, not where it is located at the moment), and provide them all of the pertinent information regarding it's current location, copies of your agreement and final judgment, etc., but do not be surprised if they consider it to be a civil matter and decline to make an arrest. You may be able to retrieve the car yourself if you have a spare set of keys or want to engage a towing company, but only if you can do so peacefully and without creating a scene or committing a crime to accomplish it. You should consult with an attorney to discuss the specifics of your situation and your options before taking any action.
Answered on Apr 09th, 2015 at 10:09 AM
Yes you can file a theft report with the police and they will take care of the issue.
Answered on Apr 09th, 2015 at 10:07 AM