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ScottyMacEsq
ScottyMacEsq, Attorney
Category: Legal
Satisfied Customers: 16370
Experience:  Licensed Texas General Practice Attorney
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I've been married years and there has been verbal abuse and

Customer Question

I've been married for 37 years and there has been verbal abuse for years and in the beginning there was physical abuse but that pretty much subsided until 2 months ago and he gave me a black eye. He's threatened to kill me several times before the black eye on September 12, 2015. Being we live in a small town he thought he'd call a police friend of his and he'd defuse the incident on September 12 but the police friend called the officer on duty and he came and took pictures and took my husband to jail. I didn't press charges but I packed up my personal belongings and left the state. I have never gone back to him and don't plan on it. He has left the home to go to another state to visit his mother for the holidays so I came to town to visit our daughter and her children at their home. My question is do I have a right to go into our home while he is gone to take pictures of the things in our home so I'll have proof of what's in the home when I begin our divorce? Also is it too late to press charges on him even though the state is pressing charges and can I get a protection order on him?
Submitted: 1 year ago.
Category: Legal
Expert:  ScottyMacEsq replied 1 year ago.

Thank you for using JustAnswer.

I'm sorry to hear about your situation. Per your questions:

do I have a right to go into our home while he is gone to take pictures of the things in our home so I'll have proof of what's in the home when I begin our divorce? - Yes. It's still the marital home. Bring proof that you resided there and have a right to be there (name on a mortgage / utility bill / etc...) just in case, but as it's the marital home you can enter the property at your will.

Also is it too late to press charges on him even though the state is pressing charges and can I get a protection order on him? - The state doesn't "press" charges. The state actually charges. "Pressing charges" means that you indicate your desire that he be charged. The state (through local prosecutors) have the prosecutorial discretion whether or not to actually bring charges against him for a crime. You can certainly contact the prosecutor and say that you wish to join in on the prosecution, and that you'll do anything that you can to assist. But if they're already charging him, then "pressing charges" would be redundant.

You can get a protective order if there's an ongoing significant threat of physical harm or severe harassment by him. If he doesn't know where you live and has no intention of actually harming you, you wouldn't be successful in getting such an order. But if you could establish that he had the intention to harm you, then you could. It would be your burden of proof to show that he had such an intention, but if you could, you could get that protective order.

Hope that clears things up a bit. If you have any other questions, please let me know. If not, and you have not yet, please rate my answer AND press the "submit" button, if applicable. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it positively (3 or more stars). Thank you, ***** ***** luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Did you have any other questions before you rate this answer?

Expert:  ScottyMacEsq replied 1 year ago.

Are you there? Please note that I am still here, awaiting your response or rating... (please note that rating closes this question out, so if there's nothing else, please rate it so that I can assist other customers that are waiting for answers to their questions)

Expert:  ScottyMacEsq replied 1 year ago.

Should I continue to await your response, or may I assist the other customers that are waiting?

Expert:  ScottyMacEsq replied 1 year ago.

My apologies, but I must assist the other customers that are waiting. If there's nothing else, please rate this answer. Please note that I don't get any credit for the time and effort that I spent on this answer unless and until you rate it 3 or more stars (good or better) AND press the "submit" button, if applicable. If you feel that I have gone above and beyond in this answer (my average answer is about 10 minutes) bonuses are greatly appreciated. Thank you, ***** ***** luck to you!

▼ RATING REQUIRED! ▼ Please don't forget to Rate my service positively. It's only after you rate that I am credited.

Expert:  ScottyMacEsq replied 1 year ago.

I see that you have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

I see that you still have not responded in some time. Please note that this question is still open until you rate it. I believe that I have answered your question, but if you have any other questions, please let me know.If not, and you have not yet, please rate my answer. Please note that I don't get any credit for my answer unless and until you rate it a 3, 4, 5 (good or better). Thank you, ***** ***** good luck to you!

Expert:  ScottyMacEsq replied 1 year ago.

Was there anything else?