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No Contact Order taken out on me...Is it legal? Can I sue?

  • Very Long story short, I took license plates off an old car registered to my wife after it failed its inspection (it had over 250,000 miles on it so there was a lot wrong with it) and turned them into the state DMV. I did this to cancel the insurance on it. My wife drives a new car we are still paying for, and it was a waste paying for insurance on a car that could not even legally be driven. Anyhow, my wife had me arrested for theft of moving property (it took 2 weeks for her to notice they were gone, and I told her I wanted a divorce 2 days before she finally noticed) And they put a No Contact Order on me and said I had to move out of my home (and away from my 2 little kids) immediately. 2 months later, the charges were dropped, but the NO Contact Order was kept in place. There is no allegation of violence, and no history of it either. My wife claims she didn't know they would kick me out of the house, but she is friends with the cop who took the complaint, so he probably helped her screw me as much as possible. My question is this all legal? I had a credit score over 700 when I got arrested, now I'm looking at bankruptcy. My wife got a court order, where I have to keep paying the rent & utilities plus $700 a month in child support. Plus I've been paying the car loan (for the van SHE drives) and car insurance, because she doesn't work, and if they repossess the van, my kids (2&3 yrs old) will suffer. It's been 4 months and $4,000 in legal fees, and that's just so I can see my kids! let alone the divorce or this mess. Can they just kick a husband out of the home like that, with no violence involved? Is turning in license plates even a crime? It was in my wife's name, but I paid the insurance on it, and she was being stubborn and wouldn't turn them in. There's even more B.S. involved, but based of what I've said, does anyone think I could sue the town, the cops, the judge, etc. My wife is playing every game she can to drag this out (nice house and all the bills paid for, whats the rush?) While I live in a studio apartment, eating cereal driving a car held together with duct tape and hot glue. It's a small town and my divorce lawyer said small towns are like the 'Wild West' they kinda do what they want, but does that make it legal? Can I sue for damages? I'm fed up with the D. Lawyer, so I don't even want to talk to him about this (he'd charge me for it anyhow) so I'm asking around for opinions. THANKS.

  • Answer:

    You could probably sue your wife for false arrest and all the pending charges for false arrest. if you want to file for custody, you could use this evidence. Just make sure you write everything in a journal.

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stay away as the order says unless you want some jail time. They are in effect for a minimum of 2 years. Do not vio;ate it or you will be gone

Who would want that order removed? It will mean she has to stay away from you too, and who would want to be around her anyway? Don't give her a cent more than what you are ordered. Not a cent. That's what the orders are for, she gets what she gets and not a cent more. If the kids suffer,. then use that suffering as your argument in court when you are petitioning for partial custody. She probably lied and said there was violence when there was not. I can't read the reports so I'm not sure. Doesn't matter. Who would want to be around her anyway? Don't take her back, and get the best lawyer you can.

No contact means no contact. Discuss it with the court.

This isn't something to sue everybody over, you'll just get a bunch of people rolling their eyes at you. Work closer with your attorney about addressing these issues in court. If you're not satisfied with what your attorney is doing for you, fire him and hire a new one. Generally, these things are in place for a reason. I suspect we haven't been told enough info to know what that reason is, but telling us "no violence was involved" sounds like semantics to me. Continue to work WITHIN the system. I know it's cumbersome, but it's the best way to do this.

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