Family Law

Family Law Questions? Ask a Family Lawyer Online.

Ask a Lawyer,
Get an Answer ASAP!

Family Law

I am married and currently not filed but intend to soon. My

Customer Question
I am married and currently...
I am married and currently not filed for divorce but intend to soon. My wife has locked me out of the house, my shop, and has all our personal property under lock not allowing me access to it. There is no history of violence or threats from either party, buy got told if I didn't leave, her father would call law enforcement. I am a detective in law enforcement and the call alone would create a lot of concern in my employment. The last three days, I have been living in my vehicle with minimal supplies. My question is, does she have a right to deny me of belongings? We are a community property state and I understand what is mine is hers and the other way around. I'm not looking to take house hold items. I do have federal NFA weapons in my name only that is licensed through the ATF and my concern is she may try and sell them or just posses them which is illegal. As of now, she has control and possession of those items. I don't want her in trouble but she continues to deny access. Our neighbor is a Lt. with the local sheriff's department and she is a prosecuting attorney for the same county. She has somehow convinced him that I'm not allowed to my items.
Submitted: 1 year ago.Category: Family Law
Show More
Show Less
Ask Your Own Family Law Question
Answered in 11 minutes by:
3/27/2016
Family Lawyer: Loren, Lawyer replied 1 year ago
Loren
Loren, Lawyer
Category: Family Law
Satisfied Customers: 35,362
Experience: 30 plus years of experience.
Verified

Good afternoon. I am Loren, a licensed attorney, and I look forward to assisting you.

Ask Your Own Family Law Question
Family Lawyer: Loren, Lawyer replied 1 year ago

Is there an order of protection in place or some other court order prohibiting you from being at home?

Ask Your Own Family Law Question
Customer reply replied 1 year ago
No but I'm sure it will be coming on Monday.Our other neighbor in a family lawyer who she has already talked to.
Family Lawyer: Loren, Lawyer replied 1 year ago

Thank you for the additional information. If she is seeking an order for protection then it is probably time to retain your own attorney to defend yourself. You will get notice of the preliminary order and then be able to present your objection and defense.

In the meantime, unless there is a court order, you can not be legally kept out of your home and you are entitled to your property. If your wife refuses to allow you access to the home without breaching the peace then you can ask a police officer to escort you to get your things. If the police refuse then you should have your attorney escort you. You are not breaking the law by doing so.

Ask Your Own Family Law Question
Family Lawyer: Loren, Lawyer replied 1 year ago

Are you still online with me?

Ask Your Own Family Law Question
Customer reply replied 1 year ago
due to my job, I'm trying to keep my supervisor updated so nothing appears improper. I do not have an attorney yet and our sheriff;s office will do civil stand-bys but if she contest it, they usually have the other party leave.
Family Lawyer: Loren, Lawyer replied 1 year ago

That is why you need your own attorney. Your wife is breaking the law by not allowing you to access your marital home. Your attorney will make clear to the police that they are violating your rights and subjecting themselves to civil liability if they do not enforce the law.

Ask Your Own Family Law Question
Family Lawyer: Loren, Lawyer replied 1 year ago

Did you have further question? Have I answered your question?

Ask Your Own Family Law Question
Ask Ely Your Own Question
Ely
Ely
Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11,869
11,869 Satisfied Customers
Experience: Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

Ely is online now

A new question is answered every 9 seconds

How JustAnswer works:

  • Ask an ExpertExperts are full of valuable knowledge and are ready to help with any question. Credentials confirmed by a Fortune 500 verification firm.
  • Get a Professional AnswerVia email, text message, or notification as you wait on our site. Ask follow up questions if you need to.
  • 100% Satisfaction GuaranteeRate the answer you receive.

JustAnswer in the News:

Ask-a-doc Web sites: If you've got a quick question, you can try to get an answer from sites that say they have various specialists on hand to give quick answers... Justanswer.com.
JustAnswer.com...has seen a spike since October in legal questions from readers about layoffs, unemployment and severance.
Web sites like justanswer.com/legal
...leave nothing to chance.
Traffic on JustAnswer rose 14 percent...and had nearly 400,000 page views in 30 days...inquiries related to stress, high blood pressure, drinking and heart pain jumped 33 percent.
Tory Johnson, GMA Workplace Contributor, discusses work-from-home jobs, such as JustAnswer in which verified Experts answer people’s questions.
I will tell you that...the things you have to go through to be an Expert are quite rigorous.

What Customers are Saying:

Not only did he answer my Michigan divorce question but was also able to help me out with it, too. I have since won my legal case on this matter and thank you so much for it.

LeeMichigan

Mr. Kaplun clearly had an exceptional understanding of the issue and was able to explain it concisely. I would recommend JustAnswer to anyone. Great service that lives up to its promises!

Gary B.Edmond, OK

My Expert was fast and seemed to have the answer to my taser question at the tips of her fingers. Communication was excellent. I left feeling confident in her answer.

EricRedwood City, CA

I am very pleased with JustAnswer as a place to go for divorce or criminal law knowledge and insight.

MichaelWichita, KS

PaulMJD helped me with questions I had regarding an urgent legal matter. His answers were excellent.

Three H.Houston, TX

Anne was extremely helpful. Her information put me in the right direction for action that kept me legal, possible saving me a ton of money in the future. Thank you again, Anne!!

ElaineAtlanta, GA

It worked great. I had the facts and I presented them to my ex-landlord and she folded and returned my deposit. The 50 bucks I spent with you solved my problem.

TonyApopka, FL

< Previous | Next >

Meet the Experts:

Ely

Ely

Counselor at Law

11,869 satisfied customers

Private practice with focus on family, criminal, PI, consumer protection, and business consultation.

LawTalk

LawTalk

Attorney and Counselor at Law

9,025 satisfied customers

30 years legal experience. I remain current in Family Law through regular continuing education.

Dimitry K., Esq.

Dimitry K., Esq.

Attorney

7,856 satisfied customers

I provide family and divorce law advice to my clients in my firm.

Tina

Tina

Lawyer

6,562 satisfied customers

JD, 17 years legal experience including family law

P. Simmons

P. Simmons

Lawyer

3,390 satisfied customers

16 yrs. of experience including family law.

Barrister

Barrister

Lawyer

3,389 satisfied customers

Attorney with 17 years experience

RobertJDFL

RobertJDFL

Lawyer

2,779 satisfied customers

Experienced in multiple areas of the law.

< Previous | Next >

Related Family Law Questions
I was served with an order of protection from an ex
I was served with an order of protection from an ex boyfriend. I live in Nevada he lives in Arizona. He was angry I told him I wouldn't testify nor give him an affidavit regarding the mother of his ch… read more
Legal Expert Justin
Legal Expert Justin
Law Degree
227 satisfied customers
I have a question for an Arizona Law Family Lawyer regarding
I have a question for an Arizona Law Family Lawyer regarding child support modification. The state has added 7000 in arrearages to my account and need some advice. Have asked the question, but no resp… read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,679 satisfied customers
I have an order of protection against my childrens father, i
i have an order of protection against my childrens father, i have custody of my children for 1 year. I have changed their schools since i live in a different district than their father. I was told by … read more
Olivia Kent
Olivia Kent
Managing Partner
Doctoral Degree
1,679 satisfied customers
I have an order of protection against my ex. He has rights
I have an order of protection against my ex. He has rights to him on Tuesday and Thursday from 11a-4p. He had a doctor appointment today and I planned on taking the day and spending with him on Thursd… read more
Dwayne B.
Dwayne B.
Juris Doctor
28,590 satisfied customers
Custodial mother (CM) took an Order For Protection out on
Custodial mother (CM) took an Order For Protection out on non-custodial (NC) father (50% custody). She is angry that he divorced her and has only said that she is afraid for her safety. NC has remarri… read more
Ray
Ray
Lawyer
Doctoral Degree
30,530 satisfied customers
Why can't I find a family lawyer licensed in Washington to
Why can't I find a family lawyer licensed in Washington to help my indigent son file a motion that presents new evidence the most likely would have resulted in a different outcome in his divorce case … read more
Zoey, JD
Zoey, JD
Doctoral Degree
177 satisfied customers
What are the chances of getting an order of protection when
What are the chances of getting an order of protection when most evidence was verbal? … read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,109 satisfied customers
I am trying to file a Restraining Order not Protective Order
I am trying to file a Restraining Order not Protective Order for a former domestic partner What do I need to do? … read more
LegalGems
LegalGems
Juris Doctorate
10,438 satisfied customers
Community property question: If a single guy in the process
Community property question: If a single guy in the process of buying a house, loan is under HIS name and downpayment is made with HIS financial assets, but the house closes after the wedding, is the … read more
P. Simmons
P. Simmons
Lawyer
Doctoral Degree
3,390 satisfied customers
My friend has an emergency order of protection against him
my friend has an emergency order of protection against him and was denied a plenary hearing because the judge sent him and the wife he's filed for divorce against to the mediator, since the divorce is… read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
Need to talk with a a family lawyer if possible about
Need to talk with a a family lawyer if possible about gardenship for my mother … read more
Sue
Sue
Juris Doctorate
216 satisfied customers
Are you an Arizona family lawyer, not on this question but I
not on this question but I had one in my divorce modification case for 6 years … read more
PaulmoJD
PaulmoJD
Attorney At Law
Doctoral Degree
106 satisfied customers
I need to ask family lawyer for possible divorce. a second
i need to ask family lawyer for possible divorce. a second opinion. Lawyer should be praticing in CA. I am planning a divorce for my wife of more than 15 months. My question we have a prenuptial agree… read more
S. Kincaid
S. Kincaid
Doctoral Degree
2,353 satisfied customers
I need to find a family lawyer in ny for a free consultation
Hi I need to find a family lawyer in ny for a free consultation and evaluation of the case … read more
Ray
Ray
Lawyer
Doctoral Degree
30,530 satisfied customers
If you werte married in a community property state and one
if you werte married in a community property state and one spouse moves to a non community state does that remove the community property factor … read more
Expert James
Expert James
Doctoral Degree
11,610 satisfied customers
My girlfriend left and filed for an order of protection (
My girlfriend left and filed for an order of protection ( limited, no stay away) and also a visitation petition. Also, the visitation petition requests that I have no contact with her outside of visit… read more
FamilyAttorney
FamilyAttorney
Appellate attorney & former trial lawyer
JD
1,456 satisfied customers
I Had an hearing for Order of Protection in IL The after the
I Had an hearing for Order of Protection in IL The after the hearing the judge denial the OP because my wife didn't make the burden of proof but he still restrict my visitation. I look up the standard… read more
Michael Bradley
Michael Bradley
JD
1,144 satisfied customers
My son is divorcing in WV, a community property state. The
My son is divorcing in WV, a community property state. The soon to be ex-wife wants to keep the engagement ring, no doubt to sell it. However, center diamond is a family diamond. I gave my son the dia… read more
Gerald, Esq
Gerald, Esq
Juris Doctor
3,109 satisfied customers

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.

The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).

Show MoreShow Less

Ask Your Question

x