she won't bring my car back

[BBR 2016]

Jurisdiction

Minnesota

I had a domestic assault charge placed on my wife and a ofp for me and our 3 kids. I have since hired a lawyer to get the ofp revised so that she could have contact with me and the kids. I was trying to be nice to her and give her a chance to get herself some help for her drinking problem. she refused to admit that she has a problem and is saying I'm using the kids against her. she also has a vehicle that is co-owned by me and my mother that I have asked her to give back on many occasions witch she refused to do. I have the kids 90 percent of the time and that vehicle is the only one that I own that can fit all 3 kids in. I'm the one paying for it and she doesn't have the income to pay for it if she wanted to. I would like to get the vehicle back so that I have the means to be able to run the kids around. can I just have it towed or report it stolen.

 

[army judge]

I had a domestic assault charge placed on my wife and a ofp for me and our 3 kids. I have since hired a lawyer to get the ofp revised so that she could have contact with me and the kids. I was trying to be nice to her and give her a chance to get herself some help for her drinking problem. she refused to admit that she has a problem and is saying I'm using the kids against her. she also has a vehicle that is co-owned by me and my mother that I have asked her to give back on many occasions witch she refused to do. I have the kids 90 percent of the time and that vehicle is the only one that I own that can fit all 3 kids in. I'm the one paying for it and she doesn't have the income to pay for it if she wanted to. I would like to get the vehicle back so that I have the means to be able to run the kids around. can I just have it towed or report it stolen.

I suggest you consult a lawyer.

The problem you have, mate, is that you BOTH own the car.
Why?
You're married, and the things you possess are products of the marital estate.

With the active order of protection, you are mutually enjoined from contacting each other.

There is no being nice as long as that order exists.

You are enjoined from contacting her, as is she from contacting you.
Allowing her to return can cause you much grief, and even legal troubles.

ALWAYS OBEY ANY COURT ORDER.

Until, and unless the order is rescinded, or withdrawn, you and she must stay away from each other!!!!

Again, work with your lawyer.

The fastest way to resolve the car issue is to lodge a divorce action.

I suggest you either do your own divorce, or hire a lawyer to do it for you.

 

[Michael Wechsler]

Just to clarify @army judge's statement, co-ownership of a car or vehicle means that either of you has the full right to use the car. There is no "return" of your property since technically both of you have an equal right. You may be charged for filing a false claim with the police if you report the vehicle stolen when you know that the vehicle is in the possession of a person who is listed as an owner of the vehicle!