Can I arrest spouse for unlawfull entry?

[bobingeorgia]

What is the name of your state? Georgia

My wife left with the kids on October 31st of 2005. She has gotton an apartments and established residence at another address. The house we lived at and where I still reside was on a month to month oral lease contract. I paid the November rent to the Landlord who was well aware that she moved out and that I was paying the full rent for the month thus establishing a new month to month contract between he and I

The day after she moved out I changed the locks because she left with a lot of the marital property the she was not supposed to take along with some of my personal things. On our first divorce hearing November 15 she acknowledged that she could no longer get in and petitioned the court to allow her to return to get some things she left. The said no but allowed her to make a list of things for me to gather and give to her. I did this gladly and also did it on 2 other occasions without a court order.

Last Sunday when she dropped the kids off she managed to take a spare key to the new lock and she returned while I was at work yesterday and took more joint property as well as a lot of the kids toys and clothes. (the court told her to let the kids choose their own toys and clothes to take with them on their own). She also took more personal things of mine and there is evidence of snooping on my computer and snail mail.

My question is does she still have a right to enter my house at will. I dont have a key to her apartment. Also, can I file a police report and have her arrested for unlawful entry or some type of charge including burglary of my personal things. My kids have already told me that the things that were at my house is now at her house.

I have been the good guy during this (are'nt we all) but she has continued to take advantage of my spirit of cooperation. I would like to see her arrested and jailed. What do you think?

 

[shell007]

Is your wife's name on the lease?

 

[shell007]

In addition:

I would like to see her arrested and jailed. What do you think?

I think the kids won't understand the vendictive behavior at all, and they will be devistated if they see mom getting carted off to jail? (They are surely having a hard enough time as it is, especially with Christmas just around the corner)

 

[Zephyr]

Is your wife's name on the lease?

there is no lease

 

[shell007]

The house we lived at and where I still reside was on a month to month oral lease contract.

Sorry!

OK...so...even though there is a month to month oral lease...who is the ORAL lease contract with? The Landlord and you, The landlord and wife, the landlord and both of you?

Maybe "squatter's"? I hope not!

Please clarify!

 

[shell007]

Never mind...I get it now!

This site needs to add "google eye's" smilies.

 

[Zephyr]

What is the name of your state? Georgia

My wife left with the kids on October 31st of 2005. She has gotton an apartments and established residence at another address. The house we lived at and where I still reside was on a month to month oral lease contract. I paid the November rent to the Landlord who was well aware that she moved out and that I was paying the full rent for the month thus establishing a new month to month contract between he and I

The day after she moved out I changed the locks because she left with a lot of the marital property the she was not supposed to take along with some of my personal things. On our first divorce hearing November 15 she acknowledged that she could no longer get in and petitioned the court to allow her to return to get some things she left. The said no but allowed her to make a list of things for me to gather and give to her. I did this gladly and also did it on 2 other occasions without a court order.

Last Sunday when she dropped the kids off she managed to take a spare key to the new lock and she returned while I was at work yesterday and took more joint property as well as a lot of the kids toys and clothes. (the court told her to let the kids choose their own toys and clothes to take with them on their own). She also took more personal things of mine and there is evidence of snooping on my computer and snail mail.

My question is does she still have a right to enter my house at will. I dont have a key to her apartment. Also, can I file a police report and have her arrested for unlawful entry or some type of charge including burglary of my personal things. My kids have already told me that the things that were at my house is now at her house.

I have been the good guy during this (are'nt we all) but she has continued to take advantage of my spirit of cooperation. I would like to see her arrested and jailed. What do you think?

can you prove SHE entered your home illegally? as in do you have a video security system? a witness? some sort of admission from her?

 

[bobingeorgia]

In addition:



I think the kids won't understand the vendictive behavior at all, and they will be devistated if they see mom getting carted off to jail? (They are surely having a hard enough time as it is, especially with Christmas just around the corner)

Did they understand when she ripped them out of the house without her and I sitting down and telling them about the divorce like the child psychologist we consulted told us to do?

The is not about being vindictive its a legal question. Do I want to deviste my kids? NO of course not. But I have been pissed on too long and she should not have the right to enter my house at will.

Morally right or wrong during the holidays has been thrown out the window. She is the one that left just before thanksgiving. She was in no danger. We were in seperate rooms and we were cordial and courteous to each other. I didnt start this.

Would somebody be so kind to answer this from a legal perspective.

 

[bobingeorgia]

can you prove SHE entered your home illegally? as in do you have a video security system? a witness? some sort of admission from her?

Yes I have an admission and as stated the kids told me that things that were at my house are now at hers.

On top of that she wont lie to authorities about it. She thinks she has a right to still come in.

 

[Zephyr]

Then report it to the police, they are the ones who know if this will land her in jail. And I agree with you, she made the choice, she can deal with the consequences- and changes your locks- again.

 

[shell007]

OP: YOU did write this in your original post:

What is the name of your state? Georgia

My wife left with the kids on October 31st of 2005. She has gotton an apartments and established residence at another address. The house we lived at and where I still reside was on a month to month oral lease contract. I paid the November rent to the Landlord who was well aware that she moved out and that I was paying the full rent for the month thus establishing a new month to month contract between he and I

The day after she moved out I changed the locks because she left with a lot of the marital property the she was not supposed to take along with some of my personal things. On our first divorce hearing November 15 she acknowledged that she could no longer get in and petitioned the court to allow her to return to get some things she left. The said no but allowed her to make a list of things for me to gather and give to her. I did this gladly and also did it on 2 other occasions without a court order.

Last Sunday when she dropped the kids off she managed to take a spare key to the new lock and she returned while I was at work yesterday and took more joint property as well as a lot of the kids toys and clothes. (the court told her to let the kids choose their own toys and clothes to take with them on their own). She also took more personal things of mine and there is evidence of snooping on my computer and snail mail.

My question is does she still have a right to enter my house at will. I dont have a key to her apartment. Also, can I file a police report and have her arrested for unlawful entry or some type of charge including burglary of my personal things. My kids have already told me that the things that were at my house is now at her house.

I have been the good guy during this (are'nt we all) but she has continued to take advantage of my spirit of cooperation. I would like to see her arrested and jailed. What do you think?

YOU asked, and I answered.

I have actually looked through your post again and copied it, and I have yet to find any other sentence ending with a question mark except for this one.

Morally right or wrong during the holidays has been thrown out the window.

Just saying that Two wrongs don't make a right!! I am not saying it is/was "YOUR FAULT".

 

[bobingeorgia]

So then are you suggusting that I let her gain entry to my home by any means that she is able to and take anything she wants of mine?

When she petitioned the courts to allow her access to the residence they denied her that right because she clearly had no legal right to entry.

I do not care about morals. Im seeking legal advice to protect my property. If not by filing a police report and having them stop her then by what legal means can I do this.

How then do you suggust I handle this?

 

[Zephyr]

So then are you suggusting that I let her gain entry to my home by any means that she is able to and take anything she wants of mine?

When she petitioned the courts to allow her access to the residence they denied her that right because she clearly had no legal right to entry.

I do not care about morals. Im seeking legal advice to protect my property. If not by filing a police report and having them stop her then by what legal means can I do this.

How then do you suggust I handle this?

AGAIN, file a report with the police, they will handle it from there.

 

[bobingeorgia]

Thank You very much

 

[shell007]

So then are you suggusting that I let her gain entry to my home by any means that she is able to and take anything she wants of mine?

NO...I did not suggest that at all. I SUGGESTED NOT HAVING HER ARRESTED FOR THE SAKE OF THE KIDS (especially right before christmas)!!!