Exclusive possession violation

[mdf]

What is the name of your state? CT

What happens if someone violates exclusive possession? Is it considered trespass? Breaking and entering? (there's no restraining order involved---yet).

thank you.

[Bali Hai]

Originally Posted by mdf

What is the name of your state? CT

What happens if someone violates exclusive possession? Is it considered trespass? Breaking and entering? (there's no restraining order involved---yet).

thank you.

Is this question in connection with a divorce action?

[JETX]

Originally Posted by mdf

What happens if someone violates exclusive possession?

It could lead to contempt of court for violating the courts order.

Is it considered trespass?

No.

Breaking and entering?

Not if the person can show that they have a LEGAL right to entry.

[mdf]

Yes, this is in relation to a ongoing divorce case.

The husband has been threatening to enter the wife's condo when she's not there because he says she has "stolen" items. She left the marital home with her clothes and her children--her entire condo is furnished with borrowed items from family. Her husband has mental problems. While she doesn't necessarily want to complicate things, she wants to be sure he is aware of what could happen if he enters her home. She's not particularly concerned he will take anything (because nothing in the condo would be in dispute), she's concerned that he will either enter the home when he drops off the children (he's been advised by attorneys and judge not to) or try to enter when she's not there.

He plays things close to the line--if a court order says he can't enter when he drops off the children, he's the type that will enter without the children and say "the court said I couldn't enter when I drop off the kids, it didn't say anything about any other time." Is that just contempt or is there other laws involved?

[Bali Hai]

Originally Posted by mdf

Yes, this is in relation to a ongoing divorce case.

The husband has been threatening to enter the wife's condo when she's not there because he says she has "stolen" items.

Threatening to recover what you believe to be your property is not a serious anything!!

She left the marital home with her clothes and her children--her entire condo is furnished with borrowed items from family.

OK.

Her husband has mental problems.

Show us the doctor's report on that.

While she doesn't necessarily want to complicate things, she wants to be sure he is aware of what could happen if he enters her home.

And tell us what could happen??

She's not particularly concerned he will take anything (because nothing in the condo would be in dispute), she's concerned that he will either enter the home when he drops off the children (he's been advised by attorneys and judge not to) or try to enter when she's not there.

I wish there were a law against hysteria!!

He plays things close to the line--if a court order says he can't enter when he drops off the children, he's the type that will enter without the children and say "the court said I couldn't enter when I drop off the kids, it didn't say anything about any other time." Is that just contempt or is there other laws involved?

Watch your back playboy.

[LdiJ]

Originally Posted by mdf

Yes, this is in relation to a ongoing divorce case.

The husband has been threatening to enter the wife's condo when she's not there because he says she has "stolen" items. She left the marital home with her clothes and her children--her entire condo is furnished with borrowed items from family. Her husband has mental problems. While she doesn't necessarily want to complicate things, she wants to be sure he is aware of what could happen if he enters her home. She's not particularly concerned he will take anything (because nothing in the condo would be in dispute), she's concerned that he will either enter the home when he drops off the children (he's been advised by attorneys and judge not to) or try to enter when she's not there.

He plays things close to the line--if a court order says he can't enter when he drops off the children, he's the type that will enter without the children and say "the court said I couldn't enter when I drop off the kids, it didn't say anything about any other time." Is that just contempt or is there other laws involved?

Please ignore Bali, he is NOT a legal expert.

I would suggest that if she is concerned about these issues, that she take steps to ensure that he has no opportunity to enter her condo.

Since its not the marital residence he obviously does not have a key. Therefore he should have no opportunity to enter the condo unless she allows him an opportunity. She should simply not do so.

Unless of course there is information that you are leaving out...which is quite possible since you are not explaining the overall situation.

[Bali Hai]

Originally Posted by LdiJ

Please ignore Bali, he is NOT a legal expert.

I would suggest that if she is concerned about these issues, that she take steps to ensure that he has no opportunity to enter her condo.

Since its not the marital residence he obviously does not have a key. Therefore he should have no opportunity to enter the condo unless she allows him an opportunity. She should simply not do so.

Unless of course there is information that you are leaving out...which is quite possible since you are not explaining the overall situation.

And YOU are a legal expert?? Please forgive me for revealing your true identity Ms. Crackerjacks.

[LdiJ]

Originally Posted by Bali Hai

And YOU are a legal expert?? Please forgive me for revealing your true identity Ms. Crackerjacks.

Bali, your responses on these forums have nothing to do with legal advice, and everything to do with your own personal agenda.

You provide no valid legal help to anyone....and often steer people in BAD directions legally.

I don't care if anyone listens to my advice....I only care that they don't listen to yours. That they at least listen to me enough to be suspicious of your advise and consult a local attorney.

[Bali Hai]

Originally Posted by LdiJ

Bali, your responses on these forums have nothing to do with legal advice, and everything to do with your own personal agenda.

If you would like, I'll point out some of your past responses and we can compare notes.

You provide no valid legal help to anyone....and often steer people in BAD directions legally.

What YOU think is "BAD" may be "GOOD" from my point of view.

I don't care if anyone listens to my advice....

I don't believe that for a NY minute!!

I only care that they don't listen to yours.

I've got you on the run??

That they at least listen to me enough to be suspicious of your advise and consult a local attorney.

Of course they should consult a local attorney. I have NEVER said that they should listen to me for one second in lieu of that. Or listen to you for that matter.

Depending who they are, they can listen to me enough to be suspicious or listen to you to be suspicious. But in no case should they take our comments as legal advice.

BTW, you used the word advise and it should have been advice.

[mdf]

Originally Posted by LdiJ

Please ignore Bali, he is NOT a legal expert.

I would suggest that if she is concerned about these issues, that she take steps to ensure that he has no opportunity to enter her condo.

Since its not the marital residence he obviously does not have a key. Therefore he should have no opportunity to enter the condo unless she allows him an opportunity. She should simply not do so.

Unless of course there is information that you are leaving out...which is quite possible since you are not explaining the overall situation.

Thank you, LdiJ:

I try not to over-inform when I ask questions (since some responders get annoyed).

Basically, the husband is not above breaking in or taking the house key from the children, so he may have the opportunity to enter when she's not there. He's also several times come to her door, stepped onto the threshold so she can't close the door (she answers because he has the kids with him--if she doesn't open the door, he won't leave or threatens to take the kids because she refuses to let THEM in), and threatens to push his way in. In mediation, he specifically refused to sign an agreement that he will not enter--he said "I can't predict that." It got so heated, that a marshal had to enter the room and threaten to eject him for screaming and disrupting the court hearing in the next room. Basically, I'm just trying to understand if he enters if he's technically trespassing (a misdemeanor from what I understand) or does it rise to breaking and entering (which could be a felony). He wouldn't care if it's a misdemeanor (he's got a record anyway), but he might hesitate a little if it's a felony. Right now, he's just playing a mental mind game (like much of the marriage). It's frustrating for the wife because he knows the legal limits of what the court will grant a restraining order on and stays just below it.

As far as certain other responders here, I've learned to ignore the ones who obviously aren't here to help.

[LdiJ]

Originally Posted by mdf

Thank you, LdiJ:

I try not to over-inform when I ask questions (since some responders get annoyed).

Basically, the husband is not above breaking in or taking the house key from the children, so he may have the opportunity to enter when she's not there. He's also several times come to her door, stepped onto the threshold so she can't close the door (she answers because he has the kids with him--if she doesn't open the door, he won't leave or threatens to take the kids because she refuses to let THEM in), and threatens to push his way in. In mediation, he specifically refused to sign an agreement that he will not enter--he said "I can't predict that." It got so heated, that a marshal had to enter the room and threaten to eject him for screaming and disrupting the court hearing in the next room. Basically, I'm just trying to understand if he enters if he's technically trespassing (a misdemeanor from what I understand) or does it rise to breaking and entering (which could be a felony). He wouldn't care if it's a misdemeanor (he's got a record anyway), but he might hesitate a little if it's a felony. Right now, he's just playing a mental mind game (like much of the marriage). It's frustrating for the wife because he knows the legal limits of what the court will grant a restraining order on and stays just below it.

As far as certain other responders here, I've learned to ignore the ones who obviously aren't here to help.

If he enters without permission and refuses to leave, then she should call the police. If he breaks in, she should call the police.

Unless its absolutely necessary for the children to have a key, they should not have one for the time being.

She also ought to petition the court to order that they exchange the children at a neutral location.

[Bali Hai]

Originally Posted by mdf

Thank you, LdiJ:

I try not to over-inform when I ask questions (since some responders get annoyed).

Basically, the husband is not above breaking in or taking the house key from the children, so he may have the opportunity to enter when she's not there. He's also several times come to her door, stepped onto the threshold so she can't close the door (she answers because he has the kids with him--if she doesn't open the door, he won't leave or threatens to take the kids because she refuses to let THEM in), and threatens to push his way in. In mediation, he specifically refused to sign an agreement that he will not enter--he said "I can't predict that." It got so heated, that a marshal had to enter the room and threaten to eject him for screaming and disrupting the court hearing in the next room. Basically, I'm just trying to understand if he enters if he's technically trespassing (a misdemeanor from what I understand) or does it rise to breaking and entering (which could be a felony). He wouldn't care if it's a misdemeanor (he's got a record anyway), but he might hesitate a little if it's a felony. Right now, he's just playing a mental mind game (like much of the marriage). It's frustrating for the wife because he knows the legal limits of what the court will grant a restraining order on and stays just below it.

As far as certain other responders here, I've learned to ignore the ones who obviously aren't here to help.

Well then I suggest you suck your thumb and learn from that peanut brain!!!