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My daughters husband came in a few nights ago and announced…

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My daughters husband came in...
My daughters husband came in a few nights ago and announced to her he had been sleeping with her aunt ( my half sister ) and showed her pictures and videos. My daughter called her aunt and asked her why and her aunt admitted to it and asked my daughter to come speak with her. Her aunt also started making harassing phone calls to my daughter and told her if she started something that she would shoot my daughter. Two days later my daughter had her friend to drive her out to her aunts house ( my dad owns the house and the aunt pays no rent and my dad paid all of her bills and she only lived there part time) My 13 year old son was at my daughters house and she made him go and told her brother if he loved her he would video everything because if her aunt pulled a gun and shot her she wanted proof. My son was scared that their aunt would do it because of her threats and of course he loves his big sister ( 25 years old) . Well they got there and of course the aunt started her usual smart comments and my daughter and her got into a physical altercation. My son videoed it. When all was said and done my parents and my older brother had shown up and her aunt told all of them she wasn’t going to press charges because she had gotten what she deserved. She also admitted that she had been doing drugs ( meth) with my daughters husband . Well many hours later, in fact the next day she went and filed burglary charges on all of them. All turned themselves in and my daughter and her friend were released on a signature bond but my son is still sitting in youth detention center because a counselor ( long story and not good) attacked him and judges were all being replaced etc and every single person including the people there said he shouldn’t even be there and it was wrong . I guess I just want to hear your take on it and was it illegal for him to video. Also they all had permission to be there because my dad their grandpa owns the property and in the video the aunt says 30 times that she would let them in as soon as their grandpa gets there .
Submitted: 7 months ago.Category: Family Law
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1/4/2018
Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago
Lucy, Esq.
Lucy, Esq., Lawyer
Category: Family Law
Satisfied Customers: 32,264
Experience: Attorney with experience in family law.
Verified

Hi,

I'm Lucy, and I'd be happy to answer your questions today. I'm sorry to hear about your situation.

Under Mississippi law, any party to a conversation can consent to have it recorded. That means it was legal for your son to make the video at the request of his sister.

Burglary requires breaking and entering into someone's house with the intent to commit a felony. If she let them in, that wouldn't be burglary. If she told them to remain outside until her father got home, then she was giving them permission to remain on the premises, and there's no crime.

Your daughter has grounds for filing for divorce based on adultery, which does not have a waiting period.

If you have any questions or concerns, please reply WITHOUT RATING so I may address them. My goal is to provide you with excellent customer service. Otherwise, please rate my answer positively so I get credit for assisting you today. Mobile users may have to scroll to the right. Thank you.

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Customer reply replied 7 months ago
Her Aunt is saying that my daughters friend kicked in the door . A week before this happened her aunt got locked out and had kicked in the door herself and my husband had went and fixed the door the best he could but no one saw anyone kick in the door besides my aunt saying it happened. But my dad owed tge house and like i mentioned they have been to the house to visit the aunt many times and she was inviting them in as soon as my dad got there and there was no intent of going there besides to talk . They are acting like my 13 year old killed someone when all he did was video because his sister asked him to and he honestly was afraid the aunt would pull a gun . So in what way could he or should he even have been arrested ( which we did self turn in ) and if it was so terrible why didn’t she file assault charges? in all fairness I should mention her minor child was in the house but wasn’t in the same room where the altercation took place and my husband went to see what was going on because the aunts house is on our farm and he removed the child from the house .
Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago

He should not have been arrested, based on what you've said. Police might have come out to discuss the allegations, but these are minor allegations where police usually notify people by mail instead of arresting them.

The video should prove that no one kicked in the door. I don't see that going anywhere. Especially if your husband can explain that he went and fixed the door after she kicked it in.

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Family Lawyer: Lucy, Esq., Lawyer replied 7 months ago

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