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dkennedy
dkennedy, Criminal Defense Lawyer
Category: Criminal Law
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Experience:  J.D. degree, 15 years practice
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I am in Lancaster, PA. While I have already retained counsel,

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I am in Lancaster, PA. While I have already retained counsel, I had a question which requires settling. I discovered my wife was having an affair (I was suspicious but my 5 year old had told me something about "mommy taking a nap with the grass man." I kept my cool, until I could prove that sexual activity was going on and did not prod him any further. A few days later I managed to get ahold of my wife's phone and established that she was, indeed, having intercourse with this man during the day when the children were present. When I would not surrender the incriminating evidence she ran out into the street at 1 am... Cops came, typical 'how long have you been beating your wife questions,...' In any event I got them to leave by giving her my phone so she had "a way to call 911." Something inside of made me say, "tell this officer how many times in 12 years of marriage have I hit you, assaulted you, raped you...etc." To which she answered, "Never."
We talked it out a bit, this hasn't been the first time she's run around, but inside the house where children might be able to see.
four days later I came home to find her and the 4 children gone and the next thing I know I am being evicted from my home because she filed a PFA stockpiled with lies.
The problem is not the PFA because my attorney is subpoenaing the officer... The problem is she never returned to the property from which I am evicted. (I know because she has been calling mutual friends who are informing me who know she is lying).
The police officers who evicted me (not a Sherriff) did not ask me to surrender my key. We also have family members and friends such as my mother who have keys to the house. SINCE NO ONE IS THERE, CAN THEY ENTER THE HOUSE TO CHECK THINGS LIKE IF THE BACK DOOR IS LOCKED, OR PERHAPS OTHER THINGS I MIGHT NEED TO GET A HOME READY FOR MY 4 CHILDREN? We are moving for full custody at this time, she has lied to her family who dislike me and is residing with them in York County. I was also informed by a mutual friend whose daughter is my 11 year old daughter's best friend that my 11 year old daughter confided to her that she also witnessed sexual activity (however, my wife does is not aware of that).
Sorry for the complex nature of this for such a simple question ... BUT WHILE MY WIFE IS ABUSING THE LEGAL SYSTEM AND PERJURING HERSELF, AND IS AN UNFIT PARENT; I AM TRYING TO ABIDE BY THE LETTER OF THE LAW. OUR HEARING IS IN 4 DAYS. AND THERE MIGHT BE A CHANCE I SUPPOSE THAT MY CHILDREN ARE HANDED TO ME THERE ... This phony PFA is just to make things harder for me.
Submitted: 1 year ago.
Category: Criminal Law
Expert:  dkennedy replied 1 year ago.

dkennedy :

Hello,

dkennedy :

I would like to assist you. What, exactly is the question you would like to have answered? One more question--does the order say specifically that you must stay out of the residence, or away from your wife?

Customer:

The question is can someone else (other than myself) enter the premises if he or she were to have a key. Neither my wife nor my children are at the residence, but in southern York County.

Customer:

The PFA required the officers to evict me from my property (obviously because the point of the PFA is to keep me from going there to "abuse" her.) I know I cannot go there, and her family sent me letters of disinvitation (which I do not care about, I am fairly confident I am going to win. But should my brother, or mother, or a friend with keys to my home enter it, would that violate anything?

Customer:

If my wife were at the property, then I could understand her physically denying someone entrance. But she is not there.

Customer:

To be clear, I am assuming the PFA order is standard, the judge who issued the temporary one (hearing is Tuesday) crossed out the section about custody. She lied to get it, and to buy herself time.

dkennedy :

But, if the order says you must not contact her, that is different that you must not enter the premises of your own residence. That would not be contacting her. However, you cannot violate the order through a "third person" so if you cannot enter the residence, you should not send someone else in there either. Read the order carefully and see if it says you must stay out of the house. if she does no longer live there, you are not contacting her. My thoughts are, however that she will make something out of it and if you only have four days until court, your lawyer should ask the judge to make it clear you and your designees can go onto the property since she no longer resides there. If you send someone in, she will pitch a fit and if the inlaws have anything to do with it, it will only be problems for you.

dkennedy, Criminal Defense Lawyer
Category: Criminal Law
Satisfied Customers: 6009
Experience: J.D. degree, 15 years practice
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J.D. degree, 15 years practice