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wife called cops on false pretense.

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NewbieHubby

Junior Member
What is the name of your state (only U.S. law)? CA

We have filed for divorce about a week or two ago but she refuses to leave the house we live in, mortgage of which is solely under my name. She disappeared on Friday and showed back up today and tensions escalated. We were pulling two ends of a screwdriver as she was yelling me to let go and me doing the vice-verse. She then called the local police saying that I grabbed her arm which is a total fiction. Our hands touched each other on the screwdriver and that was it.

To make the long story short, about half an hour later, two cops showed up (by the way she had police number on her speed dial, so this looks very premeditated to me) Both officers talked to each of us separately and one of them told me that depending on this frivolous call and report, I have a record of her being dangerous against me and I can ask for a restraining order to remove her from the house. If I file for such a restraining order, do I stand a chance getting one granted ? Had anyone been in this situation and successfully obtained such an order ?

Thanks
 


justalayman

Senior Member
my wife has several police departments on speed dial. I would hate for her to have to look for them if she needed them in an urgent situation.


why don't you file for temp possession of the marital home within the divorce?

and depending on what you mean by you have a record of her being dangerous. Generally, if there was an incident that was not reported to the police, it might as well not have happened.

and you cannot simply throw her out of the home. A court has to order her to leave the home, either through the divorce action or if you are successful with the RO.
 

CourtClerk

Senior Member
I have my local Sheriff's dept. phone number in my phone and the local PD number in the city I work in in my phone. Does that make me suspect as well?

Move out orders on restraining orders aren't always the easiest thing to get, especially with no documented proof of abuse.

And what makes you think she needs to leave the marital home just because you filed for divorce?
 

BL

Senior Member
I'd also suggest you NOT get into anymore altercations ,as you may be the one charged and with a R/O against you .You would be forced to leave the home .

Avoid it at all cost . Live in separate parts of the home if you must until a legal separation or divorce occurs.
 

ecmst12

Senior Member
You live in CA. If you bought the house during the marriage, it doesn't matter whose name is on it, both the debt and the home belong to both of you equally.
 

NewbieHubby

Junior Member
Yes, I know it is marital property and I am not trying anything to claim full ownership. She called the cops and cops did nothing but advice to get separated as quickly as possible. That's it. But from what she threatened me before with, she has a plan to call cops for any minor non-incident like bumping into each other at he corner of two walls and she said she would call the cops and show them the bruises she could get. Also, if it is her word against mine, what guarantees that she would not intentionally hurt herself and blame it on me. Today was a very good example. Our hands touched and I was called cops upon. If she hit her arm to the wall, and get a bruise, I would have had a serious explaining to do.

Despite how much I want, I can not leave this house for another few months. I am looking into moving to another city and state soon, but paperwork needs to take place before I can do that. I can pay her to leave but that leaves me with nothing to run my finances with. I do not want to dip into 401K and what not and the house value here in CA is more than hundred grand under water. SO no chance of withdrawing equity to get rid of her by paying. Between the rock and a hard place here

And when it comes to police number, it was not there before this ordeal started and we live in a bad area of so cal. or northern Mexico, how ever you look at it. If she needed police number to be there, she should have programmed when we moved in here. That's why I said, sounded premeditated. Far from the norm.
 

Isis1

Senior Member
Want my advice? Too bad, you're gonna get it. Do you know what that officer was doing? He was egging you on to give you the impression he was on your side. Cuz you were making his job easy on him. There was NOTHING by your own story that would grant an emergency restrainng order to remove either of you from the home. Either one of you have no right as you are both residents in the home. No one can kick either out without a court order. You can file for divorce. You can REQUEST sole access to the home, your wife can request time to find a new place (which i would do). And be prepared to setlle to pay half the equity in the home that has incrued during the marriage. If bought during the marriage, it's half hers.
 

stealth2

Under the Radar Member
We were pulling two ends of a screwdriver as she was yelling me to let go and me doing the vice-verse.
Are the two of you even old enough to be married or be handling tools? Because you're both acting like you're 5. Grow the heck up!

I seriously doubt a court is going to entertain a restraining order from either of you based on this incident. What a colossal waste of time and taxpayer's money.

And a lot of people have local cops on speed dial. I do. If something happens to one of my kids, my parents, or me? I'd like to be able to summon the authorities quickly. Not every situation rises to the level of a 911 call, but still deserves a quick response.
 

mistoffolees

Senior Member
I seriously doubt a court is going to entertain a restraining order from either of you based on this incident. What a colossal waste of time and taxpayer's money.
Agreed, but that doesn't mean that there won't be trumped up charges. Better to stay out of her way - and file for temporary possession of the marital home.
 

st-kitts

Member
If she is trying to set you up, you are certainly making her job easier by staying in the house. I suggest you swallow all pride and stay with someone, anyone other than her for so long as you suspect she is intent on having you charged with domestic violence.
 

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