What is the name of your state? New York 
I moved in with my childrens mother in October 2004 with my kids mother in a home we both rented out...both of our names was on the lease. We did not have a romantic relationship...just living under the same roof for our childrens sake. She dated who she wanted and vice versa, as long as we were there for the kids.Although we were both on the lease, she never held her half of the bargain to pay her portion of the rent. In December, she VERBALLY advised me and the landlord that she no longer was residing in the home and packed her belongings, and left the children and me behind. She also told the landlord that she was not responsible for any of the bills in the home and that everything was going to be handled by me since she no longer was going to reside in the home. Although she broke the lease verbally, she never went to sign her name off the lease with the landlord.
I took full responsibility of my 10 year old and 4 year old. From food to clothing to taking them to school...I did it all, without any of her help. Once in a while she stopped by to see them.
On February 13th (mind you a day before Valentines and Two months after she left), I introduced my children to the new female in my life, whom I was dating for almost a year at the time. On our return home that evening I walked into my home only to discover that my childrens mother in my home. I asked her what she was doing there and she told me she wanted to stay in my home. Since I had just walked in with my two little ones, I avoided an argument in front of them and proceed to another portion of the home..to the basement to play with my 10 year old. Minutes later, my lady friend called me. I was on the phone with her, when I heard my kids mother coming down the steps to the basement to provoke me. She saw that I was on the phone and attempted to verbally seduce me to get my lady friend jealous and mad. Since I didn't hang up with my girlfriend and rejected my kids mother, she blew off to the deep end. She started to scream and use profanity...with the children in our presence. Then she told me that my youngest had told her that they met "daddys friend" and asked me why I introduced them to "that bit@#". I told her that she and I had an agreement that the only time we would take this action was when the person we were dealing with meant something meaninful to us...which she did. This enraged her and she proceeded to physically and verbally attack me. I restrained from putting my hands on her as my kids were present and did not want any problems. She ran up the stairs and not even 10 minutes later a swarm of police officers were at my door. I have a feeling that she called 911 BEFORE this incident happenend...like she set it up.
The police said they came to respond to a "domestic dispute". She let them in MY home and told them that I hit her and put my hands around her neck. I told them of course that this wasn't true and that she DID NOT live in the home as of two months prior, that she just popped up without my consent or knowledge, and that I wanted her out. The police officers refused and denied to fulfill my request and had the ordasity to tell me that she didn't have to leave as she was my childrens mother. I then told them that if she didn't leave things would get out of hand. During this incident her mother called my phone and I alerted her what was going on. I learned in our conversation that my kids mother had been staying with her and that she was kicked out that day and wasn't welcomed back. As the officers were leaving, she started whispering to them and proceeded to take the officers to a different room. Next thing I know she led them down to the basement without my consent, while I was told to stay upstairs. All I heard was rumbling for what seems to be like 20 minutes. The officers then resurfaced with a 9 tech gun and told me I was being arrested for possesion of a gun. Just like that. They asked me what I had on me, and I produced my wallet to them and keys. Against my wishes, they took my PERSONAL belongings from me and told me that I had to hand them over to her. They made me pull ONE credit card out and my ID and gave her my wallet and keys. I was then lead to the cop vehicle and taken to the precinct. From there to central booking and now I am dealing with not only a domestic dispute charge...but for a gun that wasn't mine.
She not only has a order of protection against me but now my kids. As you see this woman is scorned and is acting solely on revenge.
My concern and questions to you is:
1. Did the officers have a right to keep her in the home and call the shots on her staying even if she abandoned the kids and home two months prior?
2. Is her verbal release on our lease to the landlord just as valid as a written one?
2. The officers were called on a 911 for a domestic dispute. Did they have the right to assume she still resided there and search my home for something other then what they were called for? Without my consent and just on her hearsay way after they were on location?
3. Since she told them that she "lived there" and took them to a gun that was apparently hidden in HER closet, shouldn't she have been arrested?
I'm desperate to know if they have violated my rights and legal search procedures. And what case similar to mine you can reference me to.
I have a previous felony gun charge on my records that stemed from and incident when I was a teenager and served time for. I've been out of the system for over 8 years and have made a career for myself. I am now in my late 20's and have been an outstanding citizen not even receiving a speeding ticket, and an outstanding father to my children. Please advise.
I moved in with my childrens mother in October 2004 with my kids mother in a home we both rented out...both of our names was on the lease. We did not have a romantic relationship...just living under the same roof for our childrens sake. She dated who she wanted and vice versa, as long as we were there for the kids.Although we were both on the lease, she never held her half of the bargain to pay her portion of the rent. In December, she VERBALLY advised me and the landlord that she no longer was residing in the home and packed her belongings, and left the children and me behind. She also told the landlord that she was not responsible for any of the bills in the home and that everything was going to be handled by me since she no longer was going to reside in the home. Although she broke the lease verbally, she never went to sign her name off the lease with the landlord.
I took full responsibility of my 10 year old and 4 year old. From food to clothing to taking them to school...I did it all, without any of her help. Once in a while she stopped by to see them.
On February 13th (mind you a day before Valentines and Two months after she left), I introduced my children to the new female in my life, whom I was dating for almost a year at the time. On our return home that evening I walked into my home only to discover that my childrens mother in my home. I asked her what she was doing there and she told me she wanted to stay in my home. Since I had just walked in with my two little ones, I avoided an argument in front of them and proceed to another portion of the home..to the basement to play with my 10 year old. Minutes later, my lady friend called me. I was on the phone with her, when I heard my kids mother coming down the steps to the basement to provoke me. She saw that I was on the phone and attempted to verbally seduce me to get my lady friend jealous and mad. Since I didn't hang up with my girlfriend and rejected my kids mother, she blew off to the deep end. She started to scream and use profanity...with the children in our presence. Then she told me that my youngest had told her that they met "daddys friend" and asked me why I introduced them to "that bit@#". I told her that she and I had an agreement that the only time we would take this action was when the person we were dealing with meant something meaninful to us...which she did. This enraged her and she proceeded to physically and verbally attack me. I restrained from putting my hands on her as my kids were present and did not want any problems. She ran up the stairs and not even 10 minutes later a swarm of police officers were at my door. I have a feeling that she called 911 BEFORE this incident happenend...like she set it up.
The police said they came to respond to a "domestic dispute". She let them in MY home and told them that I hit her and put my hands around her neck. I told them of course that this wasn't true and that she DID NOT live in the home as of two months prior, that she just popped up without my consent or knowledge, and that I wanted her out. The police officers refused and denied to fulfill my request and had the ordasity to tell me that she didn't have to leave as she was my childrens mother. I then told them that if she didn't leave things would get out of hand. During this incident her mother called my phone and I alerted her what was going on. I learned in our conversation that my kids mother had been staying with her and that she was kicked out that day and wasn't welcomed back. As the officers were leaving, she started whispering to them and proceeded to take the officers to a different room. Next thing I know she led them down to the basement without my consent, while I was told to stay upstairs. All I heard was rumbling for what seems to be like 20 minutes. The officers then resurfaced with a 9 tech gun and told me I was being arrested for possesion of a gun. Just like that. They asked me what I had on me, and I produced my wallet to them and keys. Against my wishes, they took my PERSONAL belongings from me and told me that I had to hand them over to her. They made me pull ONE credit card out and my ID and gave her my wallet and keys. I was then lead to the cop vehicle and taken to the precinct. From there to central booking and now I am dealing with not only a domestic dispute charge...but for a gun that wasn't mine.
She not only has a order of protection against me but now my kids. As you see this woman is scorned and is acting solely on revenge.
My concern and questions to you is:
1. Did the officers have a right to keep her in the home and call the shots on her staying even if she abandoned the kids and home two months prior?
2. Is her verbal release on our lease to the landlord just as valid as a written one?
2. The officers were called on a 911 for a domestic dispute. Did they have the right to assume she still resided there and search my home for something other then what they were called for? Without my consent and just on her hearsay way after they were on location?
3. Since she told them that she "lived there" and took them to a gun that was apparently hidden in HER closet, shouldn't she have been arrested?
I'm desperate to know if they have violated my rights and legal search procedures. And what case similar to mine you can reference me to.
I have a previous felony gun charge on my records that stemed from and incident when I was a teenager and served time for. I've been out of the system for over 8 years and have made a career for myself. I am now in my late 20's and have been an outstanding citizen not even receiving a speeding ticket, and an outstanding father to my children. Please advise.
