Legal Question in Constitutional Law in Massachusetts

Ideally, the use of the automobile would have been addressed in your restraining order. If it was not, and it is the only car that you have for yourself and to take your children to school, appointments, etc., then you may want to go back and modify the restraining order. You can also file for divorce and obtain temporary orders concerning some of these items. Our office handles both divorce and domestic violence/restraining orders. If you would like to schedule an appointment, please feel free to give us a call 617-357-4898.

Restraining orders do not affect title to any property, including cars, but may temporarily affect possession. If the car is registered to him, and assuming that it's also titled to him, then he did not "steal your car" but merely took his own car. The violation was not that he took the car, the violation was likely him being near you or near an address from which he was ordered to stay away. That said, there is probably nothing to stop you from taking the car if you have the keys, and the police will release it to you if it's parked at the station.