• FreeAdvice has a new Terms of Service and Privacy Policy, effective May 25, 2018.
    By continuing to use this site, you are consenting to our Terms of Service and use of cookies.

Denied by LEO when trying to retrieve items from my home while separated

Accident - Bankruptcy - Criminal Law / DUI - Business - Consumer - Employment - Family - Immigration - Real Estate - Tax - Traffic - Wills   Please click a topic or scroll down for more.

avssuc

Junior Member
What is the name of your state: Mississippi




My wife and I have one child, and one due in early July. We decided to separate in February because things were beyond repair after 10 years of tormented marriage. In Mississippi, you can't divorce while the wife is pregnant, so here I sit. Here's my issue:

-I voluntarily left the home, a house that I used my family trust money to buy, and now I live with my mother in the same city.

-I purchased almost everything in the home.

-She changed the locks, and has not been open to me retrieving all of my personnel items.

-She emptied our joint savings account of money only I put in last month.

-She took our entire tax return last month, even when I earned more than her.

-She hasn't let me see my son in over a month, and I've had to get a lawyer to draw up paperwork for chancellor court to fix the issue.



Sooo.... I have a gun safe still inside the house (that I still own) with some expensive weapons and precious metals contained within. I went to retrieve the items last week because of all of her recent nefarious activity. It's not too outlandish that she might have a locksmith open it up for her to do what she will at some point.

I was met by the police called on special favor and outside of police protocol for that hour of the day (since her father is a former city councilman and I'm a damned Yankee in the military down here). He even admitted on audio that he was there on special favor to the family, after I informed him that I was recording the conversation for our collective safety. I then asked to get my stuff. This is what happened.

Police Officer says to my wife: Do you give him permission to go get those items?

Wife: No.

PO: Sorry man, you can't go in there.


He went on to suggest he smelled alcohol on me, and I hadn't had a drink in days, and a bunch of other BS. It smelled like a total hit job. I'd upload the audio, but I'm saving that for court.


So I have one of the better lawyers in the area, and he said this was BS, but for me to sit back and not do anything else. Thing is, I'd like to know the state code on this, because I'm not exactly sure he is "one of the best". He's a local, and the 'good ole boy' system is alive and well. I don't want to wax conspiracy, I just want some reassurance from outsiders.


I went through: http://www.lexisnexis.com/hottopics/mscode/

To find something that related, but didn't find anything in my search. I was hoping someone might be able to help me. There's way more to my story, but for the sake of brevity, I'll leave it off.


Can anyone help me find the legal lingo that shows how I'm permitted to retrieve my items? Also, I'd like to hear opinion on what others would do in this situation.
 


CdwJava

Senior Member
How long have you been out of the home?

In general, the police are not going to forcibly permit you to enter a home you have vacated absent a court order. Such a thing is a taboo that most officers (in MS or elsewhere) are going to punt on. When in doubt, keep the status quo and tell the party to seek a court order.
 

avssuc

Junior Member
How long have you been out of the home?

In general, the police are not going to forcibly permit you to enter a home you have vacated absent a court order. Such a thing is a taboo that most officers (in MS or elsewhere) are going to punt on. When in doubt, keep the status quo and tell the party to seek a court order.
Since February.

Thanks for the reply. Sucks to hear, but I appreciate the information. I just need to sell some items to pay my lawyer so that I can fight for my son. After 15+ years of military service, I've been diagnosed with PTSD, so I'm in limbo, not getting paid, waiting for the VA to pay me, and for the Guard to retire me (after 11 years active duty and 4+ in the Guard).
 

CdwJava

Senior Member
Since February.

Thanks for the reply. Sucks to hear, but I appreciate the information. I just need to sell some items to pay my lawyer so that I can fight for my son. After 15+ years of military service, I've been diagnosed with PTSD, so I'm in limbo, not getting paid, waiting for the VA to pay me, and for the Guard to retire me (after 11 years active duty and 4+ in the Guard).
Yeah, being out since February makes it pretty easy to argue that you have given up all rights to access to the home for the time being.

I don't know if MS has any provision for a legal separation or not, but, that might be something to look into as a means of getting some of your property back.

Thank you for your service, and I am sorry that you are having problems as a result of your service.
 

avssuc

Junior Member
Yeah, being out since February makes it pretty easy to argue that you have given up all rights to access to the home for the time being.

I don't know if MS has any provision for a legal separation or not, but, that might be something to look into as a means of getting some of your property back.

Thank you for your service, and I am sorry that you are having problems as a result of your service.
As your signature leads me to believe, you have been faced with some of the same battles too, so I thank you too, brother.

Just one of those moments in life where you have to believe that something bigger will step in and make things right. I offered her everything in a formal settlement proposal (all the material BS), but wanted I 50/50 with my boys. She said no, so I was forced to go to war. I had no idea she would go nuclear on me and do what she has done.

Can't go down without a fight! As a former LEO, I appreciate you taking the time to comment. I really wish I could play you the audio though, you would be beside yourself. Being down south is far different along these lines. LEO's down here are less Peace Officers and more political consultants/protectors of the local blood.
 

CdwJava

Senior Member
Yeah, I have heard the stories. But, being out since February, you'd be stuck even out here if you were asking to gain entry.
 

Bali Hai

Senior Member
Since February.

Thanks for the reply. Sucks to hear, but I appreciate the information. I just need to sell some items to pay my lawyer so that I can fight for my son. After 15+ years of military service, I've been diagnosed with PTSD, so I'm in limbo, not getting paid, waiting for the VA to pay me, and for the Guard to retire me (after 11 years active duty and 4+ in the Guard).
Don't be surprised if she's able to convince a judge that you are dangerous and feels threatened because of your condition, gets a RO, your weapons confiscated and restricted access to your son.

This is not just confined to the south. I've seen this happen in NY because the general perception nationwide is the man in a domestic dispute is likely to go ballistic. Everything you say and do will be held against you.
 

Just Blue

Senior Member
Don't be surprised if she's able to convince a judge that you are dangerous and feels threatened because of your condition, gets a RO, your weapons confiscated and restricted access to your son.

This is not just confined to the south. I've seen this happen in NY because the general perception nationwide is the man in a domestic dispute is likely to go ballistic. Everything you say and do will be held against you.
Still not over it Bali. It must stink too be you.
 

avssuc

Junior Member
Still not over it Bali. It must stink too be you.
Not sure what this implies, but she knows that I have my personal handgun and hasn't done anything yet. My PTSD was and is a non-violent sort. I just scream in my sleep about things that have happened, and I sleepwalk, packing bags and stuff. I hope that she doesn't do something like this, but I wouldn't put it past her.
 

CdwJava

Senior Member
Not sure what this implies,
It was an ill-placed comment from one poster to another particular poster - not to you.

but she knows that I have my personal handgun and hasn't done anything yet. My PTSD was and is a non-violent sort. I just scream in my sleep about things that have happened, and I sleepwalk, packing bags and stuff. I hope that she doesn't do something like this, but I wouldn't put it past her.
You might want to check with legal aid, the local Bar Association, even a local law school, or anyone who might be able to help you with some legal assistance in this matter.
 

Find the Right Lawyer for Your Legal Issue!

Fast, Free, and Confidential
data-ad-format="auto">
Top