Legal Definitions - eloign

Eloign (verb)

To eloign means to intentionally remove or hide a person or piece of property, typically to prevent it from being found, seized, or brought under the control of a court or law enforcement. It implies an act of evasion or concealment, often undertaken to obstruct legal proceedings or avoid a legal obligation.

Eloignment (noun)

Eloignment refers to the act or process of eloigning; it is the removal or concealment of a person or property to evade legal authority or process.

Here are some examples to illustrate the concept of eloign:

• Example 1: Asset Concealment in a Debt Case

  Imagine a business owner who owes a significant amount of money and is facing a lawsuit. Knowing that a court judgment could lead to the seizure of their assets, the owner secretly transfers a valuable piece of machinery from their factory to a remote, unregistered storage unit owned by a distant relative. This action is an attempt to eloign the machinery.

  Explanation: The business owner is intentionally moving and concealing property (the machinery) to place it beyond the immediate reach of the court or sheriff. Their goal is to prevent the asset from being discovered and seized to satisfy a potential debt judgment, thereby obstructing the legal process.

• Example 2: Child Removal in a Custody Dispute

  Consider a situation where a court has issued an order granting sole custody of a child to one parent. The other parent, disagreeing with the ruling, takes the child and travels to a different country without informing the court or the custodial parent, making it impossible for the court order to be enforced. This parent has eloigned the child.

  Explanation: By taking the child to another country and concealing their whereabouts, the parent has removed the child (a person) from the court's jurisdiction and control. This act is an evasion of the legal custody order and prevents its execution.

• Example 3: Evidence Hiding in an Investigation

  Suppose a person is under investigation for a crime and learns that law enforcement is seeking their electronic devices. Before a search warrant can be executed, the person quickly disposes of their laptop and smartphone by throwing them into a deep, remote lake. This act constitutes an attempt to eloign evidence.

  Explanation: The suspect is intentionally removing and concealing property (the electronic devices) that could contain crucial evidence. Their aim is to prevent law enforcement from finding and examining these items, thereby hindering the criminal investigation.