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Seattle Scott
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 744
Experience:  I have 25 years experience as a Washington State Family Law Attorney.
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hello , i live in NY state and right know my wife changed the

Resolved Question:

hello , i live in NY state and right know my wife changed the locks on the home i tried to reach out to here but was unsuccessful , i tried one last time via text message just askeinking if and when i can come over to get my colthe she said she was afraid of me thats why she changed the locks hoever i do'nt know what to do .
Submitted: 1 year ago.
Category: Family Law
Expert:  FiveStarLaw replied 1 year ago.

FiveStarLaw :

*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

FiveStarLaw :

Welcome,
I am a New York licensed attorney. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

FiveStarLaw :

Are you currently living in the house

Customer:

no

FiveStarLaw :

When did you move out

Customer:

2 weeks ago

FiveStarLaw :

Is there a court order granting your wife exclusive occupancy of the house

Customer:

no i just left because i could not take the fighting any more so i left

FiveStarLaw :

Your wife is not entitled to exclusive occupancy of the house absent a court order. That said, I can certainly understand why you would want to stay elsewhere. You can consider calling the police and request a civil assist.

FiveStarLaw :

Explain to the police officer that your wife has changed the locks on your home and you need to reenter the house to obtain your clothing

FiveStarLaw :

Clearly state to the officer that you were concerned that the situation could escalate into domestic violence

FiveStarLaw :

Since your wife is stating that she is afraid of you, having the officer there will prevent her from being able to accuse you of acting in a threatening manner

FiveStarLaw :

Does this make sense to you?

Customer:

right thats why i left my wife has a lot o issues and she refuse to get counseling so instead she is always on my case accusing me of having an affairs and none of it is true,she recently she is gone to a psychic woman how told here bunch of none sense a bout me so i mad here more angrey at me so right now i am staying at a nother property that she own to get awy from here until the divorce gets under way

FiveStarLaw :

That makes sense. Clearly state to the officer that you have temporarily left the house to avoid confrontations. Explain that you were concerned and would like to prevent a violent episode

FiveStarLaw :

This should resolve the issue of obtaining your clothing

Customer:

my other concern to can she file an order of protcition agianst me so just to keep me awy from the home and if yes what should i do she said she was affriad of me infact i i am the one who is affrid of her she has a drinking problem to

FiveStarLaw :

She can obtain an order of protection to keep you away from the home if she is in physical fear of you. Having a police officer at the house with you will prevent her from claiming you physically threatened her

FiveStarLaw :

The police can help you enter the house to obtain your clothing. Tomorrow you can meet with your lawyer to strategize

FiveStarLaw :

Does this make sense

Customer:

yes but can she get an order of protection any way because she told me via text message that she was affriad because i have a gun first of all she never saw nor i never brought my gun home ever i have locked at the police station just in case but i am affriad to lose my gun permit over this

FiveStarLaw :

I believe that I have already answered your original question concerning the clothing and avoiding an order of protection based upon your attempt to obtain clothing. You will need to meet with your attorney to strategize to prevent further false claims.

Customer:

no i understand what you said i am not talking about getting my close i am worried a bout a false accusation

FiveStarLaw :

You can prevent a false accusation in this specific instance by having a police officer accompany you. If false accusations are made concerning other incidents, you will need to address them at that time

FiveStarLaw :

It has been my pleasure to work with you

Please let me know if I can assist you in the future by requesting me directly.

Expert:  FiveStarLaw replied 1 year ago.
Our chat has ended, but you can still continue to ask me questions here until you are satisfied with your answer. Come back to this page to view our conversation and any other new information.

What happens now?

If you haven’t already done so, please rate your answer above. Or, you can reply to me using the box below.
Customer: replied 1 year ago.

you still did not answer all my concerns

Expert:  FiveStarLaw replied 1 year ago.
I will opt out and allow another expert to assist you as I believe I have answered your original question.
Expert:  Seattle Scott replied 1 year ago.
She can't get a permanent protection order without a hearing where you attend. You would go to the hearing and tell the judge that you have not done anything to intimidate or cause fear in your wife and that you have delivered you firearm to the police where you will leave it until the divorce is finished and you will request that the judge deny her request for a protection order. Your lawyer can represent you at the hearing too.
Customer: replied 1 year ago.

can i get a protection order agianst here to keep away from me?


 

Expert:  Seattle Scott replied 1 year ago.
Yes, But if you just want her to stay away from you, you ask for a restraining order and you don't have to allege any domestic violence or fear of such. You lawyer can get a mutual retraining order pretty easily and quickly one a divorce is filed that orders both of you to stay away from the other and this doesn't impact your firearm rights.
Seattle Scott, Lawyer
Category: Family Law
Satisfied Customers: 744
Experience: I have 25 years experience as a Washington State Family Law Attorney.
Seattle Scott and 4 other Family Law Specialists are ready to help you

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