Asked 3/19/2016 – Fort Worth, TX

I have a current 2-yr PO after my husband assaulted me, DA is prosecuting. The civil judge only put 1 home address on there. My EPO had both homes on it. I also have Interim Temporary Orders in place that states: IT IS ORDERED that Petitioner, X, shall have exclusive & private use & possession of the following property while this case is pending:
I) The X motor vehicle in her possession; 2) The personal effects in her possession, including but not limited to the clothing, furniture, furnishings, & jewelry in her possession.
IT IS ORDERED that Respondent, Y, shall have exclusive & private use & possession of the following property while this cease is pending:
3) The motor vehicle in his possession; 4) The personal effects in his possession, including but not limited to the clothing, furniture, furnishings, & jewelry in his possession. He & his friends broke into the 2nd house last weekend that wasn’t listed on the PO & stole over $25K in property (disputed, mine, my dad’s, our child’s) & caused over $2K in damages. The police are telling me this is a civil matter & are refusing to do anything. How is this not a criminal matter? He is out on bond for the assault charges.

Answer

Think of it this way: Anything regarding the protective order is criminal and anything with respect to the temporary orders in your divorce is a civil case with the divorce court. The house in question is not listed on the protective order, so the police will not get involved. Your remedy is to file a motion for contempt in the court where the temporary orders were entered. It is not criminal because in the eyes of the police, he is taking his own stuff, let the divorce court handle it. Let your divorce attorney know about the situation ASAP.