Family Law Questions? Ask a Family Lawyer Online.
*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.*
Welcome,I am a New York licensed attorney. My name is XXXXX XXXXX I will do whatever I can to answer your questions!
Are you currently living in the house
When did you move out
2 weeks ago
Is there a court order granting your wife exclusive occupancy of the house
no i just left because i could not take the fighting any more so i left
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.
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
Clearly state to the officer that you were concerned that the situation could escalate into domestic violence
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
Does this make sense to you?
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
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
This should resolve the issue of obtaining your clothing
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
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
The police can help you enter the house to obtain your clothing. Tomorrow you can meet with your lawyer to strategize
Does this make sense
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
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.
no i understand what you said i am not talking about getting my close i am worried a bout a false accusation
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
It has been my pleasure to work with youPlease let me know if I can assist you in the future by requesting me directly.
you still did not answer all my concerns
can i get a protection order agianst here to keep away from me?