Can I Break into My Spouse's Filing Cabinet to Get My Documents?

Full question:

i have a protective order against my husband, so he is not living at our residence. He has a file cabinet still there that has a key lock on it, so therefore I can not get into it. The cabinet contains my auto insurance policy and other documents that relate to me, can I legally get into the cabinet. Or do I have any right to it.

Answer:

The answer will depend on who owns the cabinet. If it is his cabinet and you cause damage to it, you may be liable for the damage or replacement value of the cabinet, as well as other possible claims, such as a criminal theft or damage claim. It is possible you may petition the court to have the documents given to you or obtain copies from the entities involved. Injunctive relief consists of a court order called an injunction, requiring an individual to do or not do a specific action. It must be proven that without the injunction, harm will occur which cannot be remedied by money damages.

This content is for informational purposes only and is not legal advice. Legal statutes mentioned reflect the law at the time the content was written and may no longer be current. Always verify the latest version of the law before relying on it.

FAQs

Contacting someone you have a protective order against can lead to serious legal consequences. This may include being charged with a violation of the order, which could result in fines or even jail time. It's essential to adhere to the terms of the protective order to avoid these repercussions. If you need to communicate for specific reasons, consult with an attorney to explore legal options.