A question for L.E.O.

Over the weekend my sister and her boyfriend of 1 1/2 years broke up. This leaves me in the middle as I have to go there tomorrow and get her stuff from his house. He is being a royal pain in the a$$ about this. We told him we would be there at 2:00 p.m. on Monday afternoon to get her stuff and asked hom not to be there, of course he refuses. He says he will be there and I fully expect there will be a confrentation . Are there any laws that I can cite to get him out of the house for the hour we will be there? Is there anyone to contact to let them know what we are doing or do we just go there and hope nothing happens and if it does then call the cops? He is a prison guard at the local detention center so he is pulling crap on my sister already. She is scared and I am really not looking foward to this. Has oneone gone through this and does anyone have a suggestion for me on this?

Thanks -Dan

 

if you are worried about something going down while you go ever there, call the police dept and they can go over there with you more than likely, and that should keep the situation safe.

 

I think this is the route I will go. He is bigger than me but more than that I just don't want it to turn into something that I will end up regretting. man I hate being in this position but that is what being the big brother is about i guess. thanks for the help.

-Dan

 

Of course local laws differ and you should check with yours, but here's my take...

I don't know of any law that is going to make it mandatory for a man to leave his home while other people are in it. It's HIS home. He has a right to be there and make sure she doesn't take any of 'his' shit. Is the state you live in a community property state? Is it a common-law state? If so, then his shit is her shit and her shit is his shit. If the two parties can't amicably agree on the division of property, then they have to go to civil court and have a judge mediate between the two and decide who gets what. That costs a little bit of money and a lot of bit of time. If they can't act like grown-ups, then this could be a drawn out ordeal.

If he is harassing your sister, SHE can file a complaint to the local law enforcement agency or his supervisor. If his supervisors had any sort of professionalism about them, they would sit him down and tell him to chill the fuck out before she goes to the cops. I'm not completely suprised that a prison guard is being a dick, but that is another thread for another time. It's been my experience that some of those boys need to be reminded that they aren't the police. This is only if he is violating some sort of law, not being a dick in general. Google whatever state you live in's penal code and look over harassment, stalking, etc. and make sure whatever he is doing fits within the definition of each.

Good luck with all this.

 

Sounds like good info all the way around. It'd be impossible for the cops to remove him from his house. Really I'm not sure there is much they can do anyways-You are going into his house. Hopefully the police will escort you and he will be reasonable.

If he is "pulling crap" document every instance of it. Talk to his supervisors after some of it stacks up...Talking to his supervisors will keep it at the lowest level. After you talk to them...next thing that happens-Go to the police.

Good luck getting it worked out safely and reasonably.

 

After a year and a half possessions become community property?

 

Request a Police/Deputy Sherriff escort... Domestic disputes are some of the most dangerous situations anyone can be in...

 

In Texas, once you portray yourself as being married (live in the same residence) you are married. It's not a time-based issue. It's a residency issue. Different cops have different definitions of 'acting married'. I usually look for a toothbrush and an underwear drawer. If a broad has an underwear drawer at your place, congratulations!!! You just got married.

 

ad if her soiled underpoos are under your bed da honeemoon's ovah

 

I think here in Louisiana it is time based on how long she resides in your home. Or ya'lls home as the case may be. Thanks for the warning. Gonna set here up a shelf in the shed outside.

 

I have dealt with many situations like this one. Its a civil matter as one person pointed out already. Usually what ends up happening is he says "she cant take this, she cant take that...I paid for such and such." However, she should be permitted to enter the home to retrieve clothing, items of a personal nature, etc. Anything else they cannot agree on will have to be dealt with in civil court. The best course of action is to call your local sheriffs office/police dept. and expalin the situation to them and ask for an officer/deputy to be present to standby. As another person already said, sometimes the police need to be present just to encourage all parties involved to act like adults and keep the peace. Good luck.

 

Ok just got back from the fun. Luckily he decided to act like an adult and left for his freinds for a couple of hours while we removed her stuff. It wasn't too bad, all of it stuff she had prior to them moving in. They did get a lot of things while together but it my understanding he paid for them so no loss there. I am just glad the whole thing went like it did as she was a mess already even without him being there. thanks to all who offered advise on this, man oh man I hope I can avoid this in the future. thanks again

-Dan

 

I'll keep that in mind for the future, I try to keep my girl for about 3 yrs then turn them out.