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Question: My ex is claiming that I pushed Wednesday evening…

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Question: My ex is claiming...
Question: My ex is claiming that I pushed Wednesday evening while dropping my daughter off. As I previous stated I picked up my daughter to bring her in my house. My ex came behind me trying to grab my daughter from me. Do I have a right to push or restrain my ex from entering in my house?
Submitted: 2 years ago.Category: Family Law
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1/21/2016
Family Lawyer: Zoey, JD, Lawyer replied 2 years ago
Zoey, JD
Zoey, JD, Lawyer
Category: Family Law
Satisfied Customers: 31,926
Experience: 18 years of litigation experience.
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Hello,

Did your ex have you arrested for domestic violence?

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Family Lawyer: Zoey, JD, Lawyer replied 2 years ago

Hello,

Under Pennsylvania's self-defense law, you would have the right to use reasonable force when "such force is immediately necessary for the purpose of protecting himself against the use of unlawful force by such other person on the present occasion. "

If your ex was not putting you in physical danger, then arguably you should have warned her not to enter your premises and called the police if she didn't listen and had her arrested for trespassing.

But this is a judgment call and whether you behaved reasonably or whether you assaulted your ex will depend upon the facts and circumstances of what happened.

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Customer reply replied 2 years ago
No. She didn't have me arrested however I might get a harassment sommery offense in the mail. I repeatly told her not to come in my house. I may have pushed her however in all the commotion I can't say with 100% certaincy. She was in my garage trying to enter my house and I'm at fault. Something doesn't seem right?
Family Lawyer: Zoey, JD, Lawyer replied 2 years ago

Hello,

As I've indicated, the law is clear as to when you can use force. I agree that the facts aren't always clear as to when force is reasonable, however, which means you can be charged with harassment but whether or not you can be convicted will depend on what the facts make out.

To avoid this problem in the future, there are several things you can do, all of which wouldn't involve force, and would require her to be accountable if she didn't stay out of your house.

You could contact a lawyer, for example and have him write a cease and desist letter putting her on notice that if she continues to come into your house without your permission, you will take legal action against her. Alternatively, you could talk to the police and see if they'd be willing to contact her for you and to let her know that the next time you complain to the police about her unauthorized entry into her home she will be arrested for trespassing. The police are usually willing to do something like that because it makes their job easier.

You could take the matter into family court and get an order which will require her to pick up/drop off the child at someplace other than your home. You could get a criminal or civil restraining order barring entry to your premises.

So there are things you can do to solve the problem. Physical force of any sort, however, is not one of them, unless it is in self-defense.

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Customer reply replied 2 years ago
I'm suppose to have my daughter this weekend per a custody order however my ex is saying that my daughter is afraid of me and doesn't want to come so she's not brining her. Can she do that?
Family Lawyer: Zoey, JD, Lawyer replied 2 years ago

If you have a formal custody agreement ordered by a court and she wants to change the terms of that custody, then she should go to court to do so. Otherwise, she is interfering with your custody rights.

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Customer reply replied 2 years ago
Define interfering? What course of action can I take?
Family Lawyer: Zoey, JD, Lawyer replied 2 years ago

You can go to family court and get the court to enforce the order. If she's extreme about it, it's a criminal offense, and you can read that here.

We are now way beyond the scope of your original question which simply had to do with whether you were allowed to physically eject your wife from your home. If you want to explore your custody options, you need to post a new question in family law and ask it there, as it is a separate issue.

Good luck with this matter.

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Customer reply replied 2 years ago
I subscribed to in limited questions. Your responses are very vague compared to the other attorneys.
Family Lawyer: Zoey, JD, Lawyer replied 2 years ago

You get unlimited follow ups on the original issue. Once you switch topics, however, per site rules you must post that as a new question. If you have a subscription then you don't pay anything for the new question. But your original question was answered quite thoroughly. When you just switched topics I gave you a general answer merely as a courtesy, and told you to take the new topic and post it for further information. These are not my rules they are the site's.

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Customer reply replied 2 years ago
Fair enough if you see me post any additional questions I respectfully ***** ***** you don't respond. Allow someone else to respond.Thank you
Family Lawyer: Zoey, JD, Lawyer replied 2 years ago

Certainly.

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