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My husband is an Alcoholic and Bipolar and because of his erratic,

nasty abusive behavior I lived...
My husband is an Alcoholic and Bipolar and because of his erratic, nasty abusive behavior I lived in an apt During his periods of sobriety I lived at our home. We have this living arrangement for the past 2 years. 2 months ago he changed the locks and I still had access to the home. I pay the entire mtg for the home which is about $3500 for the past year. The house is sold and we are waiting for the closing which is Sept. On July 30 I tried to enter the house and he would not let me enter do so. I filed a police report and the officer informed him to give me keys and 24/7 access to the house. The next day he filed order of protection stating that I should give him 24 hr notice to enter the house and take the undisputed items. He illegally changed the locks before the order of protectin do I have any recourse?
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Answered in 27 minutes by:
8/21/2012
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified

Hi,

Thank you for your question. I'm very sorry to hear about your situation.

The fact that you have filed a request for modification of the temporary restraining order issued against you and the court has rejected that request means that you have two options.

The first is to wait until September 10th, where the order will be reviewed at the hearing to determine whether the TRO should remain in place.

The second is to file a writ of mandamous against the issuing court with the appellate court requesting that the TRO be overturned. The appellate court will not likely hear this request as you have a remedy potentially available at the September 10th hearing.

My recommendation is to prepare for the September 10th hearing and be able to show why there is no reason that you should not be able to enter the house.

Also, you can under the current TRO provide your husband with notice that you intend to enter the house and then have a locksmith come and open the door for you so that you can enter. You can request that the police come with you because you fear that your husband will breach the peace when you enter the house pursuant to your rights under the TRO.

You can also file a TRO yourself requesting an order that you be allowed entry into your home and that you be allowed to collect your belongings in furtherance of maintaining the status quo as to the disposition of assets.

Please let me know if you have further questions on this issue.

-ZDN

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Customer reply replied 5 years ago

When I give him notice of entry should I wait for a response from him to tell me when to enter?


Why do I have to take a locksmith with me to open door when the TRO states that upon notice he has to give me access to the house?


I requested Domestic Violence Officer to give me the escort and she flatly refused stating "We do not provide personal escort service" I have to get an order from the judge to get a Police escort.

The TRO does not require that he has to approve your right to re-entry, so you don't have to wait for a response.

You take the locksmith with you in the case that he will not agree to allow you access to the house. You have a right to re-enter the house, and if he won't open the door or give you keys, you can have a locksmith unlock the door.

Some police departments won't give personal escorts in these type of situations. Apparently, this is one of those departments. As that is the case, it might be a good idea to take a friend with you.

Please let me know if you want to further discuss this matter.

-ZDN

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Customer reply replied 5 years ago

How can I prove the intent of the TRO? He will have me arrested and the police officers will comply.because I did not wait for his response

 

If I have a legal right to the keys what is my recourse to secure them?

 

 

 

 

If the TRO says "before entering the premises you must provide 24 hours notice" and that's it, then that's all you have to do. Take a copy of the TRO with you and make sure you give him written notice that is delivered to him so you can prove that you provided that. The main thing is that you have to do exaclty what the TRO says.

Best way to do send noticeis to have it sent to him by FedEX or overnight delivery where they confirm the receipt. You take that along with a copy of the TRO when you go to the house.

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Hi,

I'm writing to follow up with you to see if you need any more help on this question.

Remember, I do this for a living, and the only way I earn money is when you rate my answer positively. This service allows you to ask attorneys questions without having to go to a law office and pay a substantial amount more in attorneys fees. In order to keep this going though, attorneys like me need to get paid. Its only fair to let you know that a negative rating results in only the website keeping your money and not paying the attorneys who have worked on your question.

Thanks for your consideration and I hope to hear back from you.

-ZDN

TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
Experience: Lead trial/International commercial attorney licensed 11 yrs
Verified
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TexLaw
TexLaw
TexLaw, Attorney
Category: Legal
Satisfied Customers: 4,430
4,430 Satisfied Customers
Experience: Lead trial/International commercial attorney licensed 11 yrs

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