Legal Question in Civil Litigation in Alabama

I am the owner of a small business and I am seperated from my husband. While I was visiting my family for the holidays my husband attemped to take over my business. The business is in my name but the lease to the office I use is in my husbands name. My husband is refusing to allow me acess to all my files and documents from the business. I cannot operate my business without these files and documents. The local police say that this is a civil matter and that I must have a court order to retrieve the documents and files. What kind of motion do I need to have drafted up to request a judge to order the local police to assist me in collecting my business files and documents and ordering my husband to release them to me?

Asked on 12/16/11, 5:51 pm

1 Answer from Attorneys

Leon Storie Leon Storie, Attorney at Law

There are a couple of possible routes to take here. If the marriage is broken, which it appears to be, then you may want to file for divorce and include a request for a restraining order in the complaint. If the judge believes that you will suffer irreparable harm if a restraining order is not granted, he can enter the order. In my experience, judges are pretty open to an order basically directing the other spouse not to dispose of any valuable property before a hearing can be held. They are a little less open to actually returning property without a hearing on the request.

My advice would be to seek counsel as quickly as possible and get something filed ASAP. If he has access to any of your accounts, I would close them and re-open them in your name alone and make sure you change all passwords to long into your accounts. I would also strongly recommend you get a credit report to make sure that he hasn't opened or closed accounts without your knowledge. I doubt the landlord can or will do much, but you may also want to contact them and see if there is something they can do for you.

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Answered on 12/16/11, 6:27 pm

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