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Ely, Counselor at Law
Category: Family Law
Satisfied Customers: 11842
Experience:  Private practice with focus on family, criminal, PI, consumer protection, and business consultation.
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I am married and currently not filed but intend to soon. My

Customer Question

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
Expert:  Loren replied 1 year ago.

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

Expert:  Loren replied 1 year ago.

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

Customer: 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.
Expert:  Loren 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.

Expert:  Loren replied 1 year ago.

Are you still online with me?

Customer: 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.
Expert:  Loren 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.

Expert:  Loren replied 1 year ago.

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