Domestic Disturbance No Knock Search

Lincoln Nebraska

Please bear with me -

Here's the deal, my wife and I argue - alot, and loudly too. We live in an apartment building and sound carries down the halls so everyone knows our business. I fully admit we behave badly toward each other during these bouts but the majority of the time we love each other very much an get along well.

That was background, now for our legal situation. Most of the time the neighbors have tolerated our ways as we are personable, but argumentative. about two years ago the police did get called because I was slamming doors and my wife sounded, and was distraught. They separated us and got our stories, realized we were just being stupid, told us to behave, and left. Recently, however, we have been having some very hard times - we are both college students, my wife in a PhD program and myself finishing my senior year, and the stress has been getting to us. We have had some nasty blow-ups lately and three days ago it culminated in a huge yelling fight where I threw a laundry hamper at the wall and then punched a door. My wife, rightly, said that was unacceptable and took off for a few days. I was an ass, I admit it.

I watched her drive off and saw the police cruisers pull into the parking lot, knowing they were coming in regard to us. I promptly put my shoes on and skedaddled out the front door. I walked around the neighborhood for a while, and the police stayed, I suppose they were knocking on the door, thinking I just wouldn't answer, but I wasn't going back - I was still pissed and afraid I might go Jerry Springer on the cops or some stupid crap. so I kept walking around, the police were there for at least an hour and a half. I wasn't home, my wife wasn't home - what were they doing for an hour and a half. My guess is the neighbors came out and were telling them about us, but why that long? Did the police take official statements? My wife and I have never been physical toward each other, never. What could interest the police so much in two people who yell a lot?

After all that, here is my question - It has been three days since then, my wife and I have made up. What can the police do to us from here, can these statements be used against in some way - and in what way? Can some sort of charges be pressed on us, if so, what. I am not terribly worried about it, but my wife feels they could kick our door in at any moment because they might feel she is in danger. So - what can they do, what may happen?

What could interest the police so much in two people who yell a lot?

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maybe the fact that neither of you were there when they showed up. With todays current problems, how do they know somebody wasn't dead?


I would expect some contact from the police. Unless they have some actual reason, they are not going to break your door down. If there is no proof or claim of a physical altercation, domestic violence should not be a concern.

Since the noise was over by the time the cops got there, unless a neighbor swore out a complaint for disturbing the peace or some such problem, most likely nothing will come of this.

justalayman said:

maybe the fact that neither of you were there when they showed up. With todays current problems, how do they know somebody wasn't dead?

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Oh yes, you are quite right about that, I left mainly due to the fact she had left - I did not want the police demanding to know where the screaming woman is (she screamed at me a bit, I deserved it) and her not there to explain herself.

I'm not saying this to be sarcastic, but you two need couples AND individual therapy. And I'll suggest group therapy as well. You two need to learn how to handle on being able to communicate without being physical. Without screaming. Time outs for both of you.

Asimov said:

Here's the deal, my wife and I argue - alot, and loudly too. We live in an apartment building and sound carries down the halls so everyone knows our business. I fully admit we behave badly toward each other during these bouts but the majority of the time we love each other very much an get along well.

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Sounds like the precursor to many serious injuries and even killings I know of.

You may think you love each other most of the time, but it only takes a moment to seriously harm the one you love in a bout of anger.

Most of the time the neighbors have tolerated our ways as we are personable, but argumentative.

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You are lucky. But, the neighbors aren't being too neighborly as they are seemingly prepared to let the two of you thump each other. I wonder how they'd feel the time they did not call and one of you might need real help?

about two years ago the police did get called because I was slamming doors and my wife sounded, and was distraught. They separated us and got our stories, realized we were just being stupid, told us to behave, and left.

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In other words, there were no visible injuries and no one admitted to getting physical.

I wasn't home, my wife wasn't home - what were they doing for an hour and a half.

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I could guess as to a couple things. They could have been simply chatting and wasting time, or they could have been talking to neighbors, the manager, or anyone else who would talk to them about who is in the apartment and what might have been happening.

My guess is the neighbors came out and were telling them about us, but why that long?

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Could be they were trying to figure out if they had enough to force entry to the apartment.

Did the police take official statements?

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Probably not ... but, maybe.

My wife and I have never been physical toward each other, never. What could interest the police so much in two people who yell a lot?

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The fact that most couples involved in frequent arguments tend to degenerate into violence causes the police great concern over frequent bickering.

After all that, here is my question - It has been three days since then, my wife and I have made up. What can the police do to us from here, can these statements be used against in some way - and in what way? Can some sort of charges be pressed on us, if so, what. I am not terribly worried about it, but my wife feels they could kick our door in at any moment because they might feel she is in danger. So - what can they do, what may happen?

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Absent evidence of physical violence, about all they might be able to do is write you up on some sort of verbal disturbance ... if that.

So, heed the previous suggestion about some counseling. Frequent arguments and loud yelling is NOT normal and is NOT behavior conducive to a good and safe relationship. You two have problems and this will get worse before it gets better if you two do not seek professional assistance.

For what it is worth, you admitted to throwing a hamper and hitting a wall.

By everything I have read, you are one or two really good fights away from being physical to each other.

That's it. One or two more fights and you are standing over your wife with a clenched fist.

If you truly love her, it's time to grow up and admit you have a problem. yeah, I know, you are grown up... so grown up that you were hiding in your own bushes rather than trust yourself around the police without being violent to THEM.

You need therapy. Not someday... TODAY... right now. Nothing more important. Not school, not poverty... NOW.

If you love her, protect her from those that would do her harm... and, right now, the biggest threat to her safety is you.

While certainly not controlling not only for the facts of the case, but also for the jurisdiction, one judge might not allow the search.

Oregon Judicial Department Appellate Court Opinions