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MShore
MShore, Attorney
Category: Legal
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Experience:  Negotiate, Draft, and Review many complex commercial agreements each year.
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I went to the parents house of my wifes boyfriend knocked

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I went to the parents house of my wife's boyfriend knocked on the door and asked if I could have a word with my wife. The lady informed me she didnt want any trouble and I assured her I was not looking for any. Her husband then came to the door and told me that I was on his property and I was not welcome. He ordered me to leave I said yes sir I understand as I was turning to walk to my truck he pulled out a gun pointing it at me telling me to leave. I again stated that I didnt want to cause any harm to anyone and I was leaving. He seemed to get angry and started shaking the gun at my face as I was slowly walking to my truck. Now my wife says that she is going to file a restraining order on me. Is what this man did legal? I know I was on his property but when asked to leave I did not argue yet he still put a gun in my face. What do I do my wife is making me out to be a bad guy and I'm really not. We are separated and for several days prior she was telling me that she wanted to work on our marriage. What do I do? She also is keeping our daughter from me
Submitted: 1 year ago.
Category: Legal
Expert:  MShore replied 1 year ago.
Thank you for the post, I am happy to assist you by answering your questions. Yes, what he did was illegal as you never actually posed a threat to anyone based on your description. In brandishing the weapon, he exceeding the provisions of LA's "castle law." Under that law, a person is permitted to use physical force to protect one’s self and property from “forcible crimes” and the use of deadly force in situations where circumstances are sufficient “to excite the fear of a reasonable person that there would be serious danger to his own life or person if he attempted to prevent the felony without the killing.” Also, the statute has a “stand your ground” clause in that it does not require victims to retreat before using force, whether they’re inside their home or any other place they have a right to be. However, you never took any action that would give rise to a reasonable apprehension of a forcible crime being initiated. Regarding the restraining order, in the event your wife petitions the court for a restraining order, you should argue against the issuance of the order as unnecessary in light of the level of attempts to contact her (assuming that this is the only instance where you have tried to approach her or advanced unwanted communications). If you have attempted to initiate communication on other occasions (a reasonable approach in light of the desire to save one's marriage) you should consider retaining counsel to defend the restraining order as the order does not give much weight to the reasonableness of the attempts at communication (i.e. one cannot be forced to speak or have contact with another, no matter how reasonable the basis of the request to open the lines of communication). I really hope you are able to revive your marriage though, divorce is really a sad and unfortunate event for all involved. Please let me know if you have any follow up questions.
MShore, Attorney
Category: Legal
Satisfied Customers: 25285
Experience: Negotiate, Draft, and Review many complex commercial agreements each year.
MShore and 13 other Legal Specialists are ready to help you
Expert:  MShore replied 1 year ago.
Chris, do you have any follow up questions, or need additional guidance?
Expert:  MShore replied 1 year ago.
Chris, do you have any follow up questions? If I have answered your questions, please remember to rate my answers positively. I have no control over the law unfortunately, and I DO NOT receive any credit for answering your questions unless you positively rate my answers.

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