Any Legal Professionals Out There....Cop, Judge...anyone.

[Shared Acres]

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Harlans in the old days they would do nothing about a domestic dispute, now adays they do something about it.

 

[HarlansHollowFarms]

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Harlans in the old days they would do nothing about a domestic dispute, now adays they do something about it.

You know I would have thought the same thing a week ago. But just last week a friend in WA. State contacted the police about her husband with a gun and she felt threatened by his behaviour...they told her it was domestic, they could not remove him from his home (community property even those it was hers before marrage) without evidence of something happening. So basically they told her that unless he hurt her, not just threatening, they could do nothing because they were married!

HorseJodi, the parents own the house, they do not live there.

 

[Shared Acres]

Sometimes you'll get an officer that doesn't know what they are doing or is nonchalant about a situation. Maybe go to a supervisor, or heck the media.

 

[HarlansHollowFarms]

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I also depends on where you live, who knows who, who owes whom a favour ect.... It is unfortunate that woman and children are still treated as a mans property in some places in this great county. I do not know how it is where this particular person lives, so my comments were for her to go the self preservation route, then worry about what to do with him.
Personally, I would not risk myself or my children on what the police may or may not do immediately.

 

[PineappleMama]

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That's what I was just thinking of. If you call the police and report the suspected crime of drug use/selling then they'd get a warrant and search the house. If they found anything then they could arrest. Depending on where they find it though... oy... IE if it was hidden in a book in the living room, that's communal area so anyone in the house could be the 'owner' of the 'evidence' and thus all would be at risk of arrest. I wouldn't put it past someone like this guy to purposely tuck a little something away in Dad or Wife's things just for that purpose. Wouldn't take much, one little seed in one of her shoes (that she hasn't worn for months and won't again until it's warmer) for instance... but if she's called in and tried to get help, well then that would be on record and would possibly remove any blame from her.

Losing house wise... isn't that a great law? Your home, business, car, even your furniture and clothes call all be taken on 'suspicion' of drug charges, and it all gets sold and the money put towards the 'war on drugs'... proven innocent? Oh, dang sorry, your stuff is already gone, sold and the money spent. A bit too much like what people went through during the lovely days of the U.S. Internment Camps if you ask me.... of course that may only be in DEA/federal cases... not city/county/state but I don't know.

Hmm. So, it's a nasty Catch-22. He'd have to be arrested AWAY from the home, IE caught dealing, then any search would already be aimed at him specifically. If there's no charge, against anyone, then it's an open field I would think. And I bet if you were to call and ask, well that could lead to them wanting to search just on suspicion.

I think, if I were them, I'd call the postmaster. He would know about the mail bit at least. If you tell him that the man is using your address without your permission, that you have asked him to leave, and he refuses and summons the Postmaster as his protector. Well, mail is a serious thing. Not a local nothing, but a federal crime if you mess with it. So, ask the Postmaster what you can do. YOU can't forge his signature on a change of address card or you'll have committed a crime right? So, how can you stop him using your address. IF you can get that straightened out then maybe the rest would fall into place?

Worth a shot anyways... I'ma go snoop on USPS and see if there's any provision for people using others' addresses. Not like they verify that stuff. Taking someone else's mail out of their box is illegal, but removing mail with your own name on it is not. So, seems like you could put in a form claiming you live at the White House, and if they didn't hand over your mail every day you could have them prosecuted. Clearly that is not kosher, so there must be some provision for it... just have to find it.

Edit... should have just said 'what they said'

Get out, call police, have Dad call postmaster and get that sorted so it will NOT come back, wait for police to do their thing (hopefully they'll search, find and DESTROY) all drugs found so they aren't a threat to the children, then go home once he's away.... and keep the phone charged and a bat handy in case he tries coming back for his 'stash'... heard horror stories about that...

 

[redhen]

Rikki...what happend??

 

[Countrywife]

Well, its not actually illegal for a husband to own a gun. Seems that there is more to that story, and no, its not about who you know or where you live. I belong to a worldwide orginization of Police Officers Wives, and each of us know of officers being locked up for domestic violence. To call the police and tell them your husband has a gun is not giving them anything to act on. To call the police and tell them your husband has a gun pointed on you and is trying to kill you is something else. No, a community property state will not force one spouse to leave, unless there is violence. This house is NOT owned by these people, nor do they have a written lease on it, AND he is running a meth lab. Regardless of community property laws or eviction laws, if you are running a meth lab you are going to jail. I have not suggested she get a PO, because to date, I have not heard an accusation of abuse. You can't just get a PO becuase your husband is ticked off at you. If you go get one just to move him out of the house, that is abuse of the system.

I am not sure what happened to your friend, but I would be happy to call out there and find out what the department policies are if you want to PM me any details. I can pretty much say I probably know someone whose husband works in the State of Washington, so again, if you would like to give me the full story I would be happy to check and see what can be done. And if the husband DID hold the gun on the woman, and the police did not come out, I would like to know that too, seeing as the Officer needs to be written up for that.

 

[HarlansHollowFarms]

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I did not read anywhere that he was running a meth lab in the house. What has been said up to this point has been speculation at best. The OP has said her cousin has NO proof, she just thinks he is using an selling...possibly manufacturing.
If he is running a lab in this house, she and her children should have been out yesterday, police or none, for their own protection.

Rickihupp said

Oh my...

Okay so if she goes into the courts tomorrow and has a cpo put on him will he have to move out then? They have young children and I am sure he brings the drugs to their hoome although as of right now I dont think she has any actual proof of that. Geez this is crazy stuff!!

 

[ams3651]

just to re state what has been said but maybe lost in the conversation.... the house belongs to her father and they dont pay him rent. Her father has every right to tell the police he wants him out, he no longer has permission to live there. Even though they are married, he can choose who he wants to live there. No eviction necessary. He can tell the police he suspects he is using and selling drugs but before allowing the police in his home he should contact an attorney regarding anything they may find in HIS home.

 

[redhen]

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yup..all dad has to do is the tell the police that he wants him removed...