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Law Educator, Esq.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90194
Experience:  Experienced attorney: Family law, Estate Law, SS Law etc.
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Paul, something strange happened tonight when I came home

Resolved Question:

Paul,

something strange happened tonight when I came home from a meeting with attorneys and my soon to be ex. For several months we have had NO key to the doors in our house. Over 3 weeks ago I asked my wife's uncle for the last key so that I could copy it. He gave the key to his daughter in law who proceeded to give it to my ex. She claimed she would get copies made over 2 weeks ago and after having no key for an entire weekend, I chose to have the dead bolts rekeyed so that we would have more than 1 key and that we wouldn't have to worry about the keys my wife lost resurfacing. I gave her a key today at about 4:15 PM. I got home around 5:30 PM to discover her cousin and Aunt sitting in our living room. It didn't dawn on me, but the house was locked when I left, but they were inside. When they left, they went out the front door and locked the dead bolt behind them. Five minutes after they left, my wife calls. I answer the phone and she thinks I am her cousin. She says, "I'm so sorry I didn't call sooner, but he's on his way home. You should get out." I proceeded to tell her that I wasn't her cousin and WHY were they in our house? She says, "because they were watching the house for her. " HOW did they get in and out of a locked house that only has 4 keys to a newly keyed dead bolt. I had 3 and my wife the other 1 about 30 miles away! My wife has an Aunt 5 miles away who is a realtor and it has been suggested that they were given a master key from the realtor to enter and exit my home. What, if any, legal implications, ramifications are there to their entry and the way they got in and out?
Submitted: 3 years ago.
Category: Family Law
Expert:  Law Educator, Esq. replied 3 years ago.
If she has been out of the house and you are residing in the marital home, her entry or the entry of anyone else without notice to you and permission would be trespassing and possibly burglary. How they got in and out without a key is beyond me unless your ex or someone else gave them a key and this is something you need to go to the court in the divorce and seek a restraining order to prevent entry.


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Customer: replied 3 years ago.
we both still reside in the house, but they did NOT have my permission to be in the home and she planned it while we were both out of the house and meant for them to be gone before I got home so that I would NOT know that they were even in the home. My wife couldn't have given them a key, she was still 30 miles away when she called and I had the other 3 keys when I entered the home. So, they either had the dead bolt picked or used a master key.
Expert:  Law Educator, Esq. replied 3 years ago.
If you are both residing there, she can give permission for someone to enter, just like you can give permission for someone to enter. If they did not have her permission or your permission, you can seek to have them charged with burglary or trespassing.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90194
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 6 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.
Paul,

what if a master or bump key was used to enter my home? She's claiming to have some kind of documentation to prove that she gave them the key I gave her in our meeting, but I found evidence of them using my PC while in my home and the times make it impossible for her to have given them the key. Also, she tried to delete my entire hard drive tonight and I plan on getting it restored. So, can she give them permission to use a master or bump key and none of them be charged with a crime?
Expert:  Law Educator, Esq. replied 3 years ago.
If she is still living there she can give them permission to enter the home. If she did not give them permission, then you can file charges against them for burglary. You will need to go to court to try to get possession of the house and get a restraining order against her for tampering with your computer.
Customer: replied 3 years ago.
Even with a master or bump key that are illegal to possess?
Expert:  Law Educator, Esq. replied 3 years ago.
If they broke into the house with the master or bump key and she is claiming she did not give permission you need to call the police and file charges for burglary.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90194
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 6 other Family Law Specialists are ready to help you
Customer: replied 3 years ago.

Paul,

 

my STBE has admitted to stealing the keys that were used to enter the home while I was away out of my personal, private property while I was sleeping and giving the keys to other members of her family.

What I am concerned about now is: she's turned her attention to turning my daughter against psychologically because she is aware that we are more than likely headed into custody evaluation. Last Saturday while I was away, my STBE evidently was psychologically filling our 4 year old's head with a lot of stuff that she is not supposed to, as per our mediated agreement, because my daughter greeted me with a lot of probing questions like: Daddy why can't Mommy stay, Daddy why does Mommy have to leave, Daddy why does Mommy have to go shopping, and on and on. Saturday was my day and my family was coming over a cook out. Then, when it came time to leave, my STBE took advantage of the situation and our 4 year old in tears and hanging on to her pant leg while she dragged our daughter along the floor. When my daughter asked her why she was going shopping, the STBE replied, "go ask your Daddy and DON'T lie to her." Then, this morning, again my day, the STBE had to get up and interfere with my preparation of our daughter for daycare and when it came time to leave I told the STBE to stay out of my van because I discovered that the STBE stole the IPass out of my van, didn't tell me, and didn't return it. Well, the STBE stood outside of the van door and instead of diffusing the situation, escalated it by saying, "ask your Daddy why I can't get in his van?"

 

Paul, when it comes to custody evaluation, will a forensics psychologist ask a 4 year old who they want to stay with, likes more, etc and will the evaluator even consider things like this from a 4 year old?

Expert:  Law Educator, Esq. replied 3 years ago.
No, a qualified forensic psychologist will NOT ask a child that young who they want to stay with. The child is too young to really know what is going on. The mother's behavior is despicable in putting the child in this position. However, you really need to sit down and simplify the truth to the child and explain to her that sometimes mommies and daddies just cannot live together and it doesn't mean that they do not love their child, but it just means they need to live in separate places. Do not hide things from the child, but give her the answers in a very simple way that are easy for a child of that way to understand.
Law Educator, Esq., Lawyer
Category: Family Law
Satisfied Customers: 90194
Experience: Experienced attorney: Family law, Estate Law, SS Law etc.
Law Educator, Esq. and 6 other Family Law Specialists are ready to help you

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