I Called the Cops on My Ex but I Got Arrested
My question involves criminal law for the state of: Florida
My wife and I's divorce was final over a month ago. In the divorce the house was part of my settlement. My ex-wife moved out before the divorce was final, but recently we have been trying to work things out so she moved back in. She has been back in my house for almost two weeks. However, while I was out of town this weekend she rekindled some random romance with a guy. I returned home to find them both in my house. I should add she has a history of verbal and physical abuse on file with the police department of our former place of residence (N. Carolina) I had to call the cops for a domestic dispute where she assaulted me.
When i got home, I didnt want to cause a confrontation so I had a friend come with me to grab a few of my things and we left. However the following day, no one was available to come with me to grab other things of mine I needed. So I went alone. When I got there, her and the other guy were there. I ignored them both and went straight to my bedroom to get what I needed for the week. I figured I could work on getting them court of my house legally while I stayed with a friend. However, while I was there my ex followed me into the back room and started yelling and screaming and hitting. I told her to stop and I was calling the cops. She and her new guy (who was in the front room the entire time) left the house. I called the cops and reported what happened along with information about the car they were in.
The cops found the car, and pulled them over to question them. Apparently they concocted a story that involved me shoving her, even though I am the one with the bruise on my face (I took a picture with my cell phone before I was arrested) and that guy was not even in the room. The cops then returned to my house to arrest me... I sat in jail over night awaiting bond.
I have never laid a hand on her, have no history of violence (unlike her), and was the one to report the incident.. how did I end up in jail? What can I do to get her outta my house? How do I file the report I originally called the cops for filed?! I should also add I am in the military.
Thanks in advance for any help.
But now her and this guy are in my house and I want them out. What is my legal course of action to get them out? We have no written or verbal agreement as far as rent or anything ( I pay everything). And the house is mine according to our finalized divorce decree. Any help is appreciated.
Re: I Called the Cops on My Ex but I Got Arrested
it was two against one. Apparently the cops believed their story over yours. Hopefully it will shake out as it should. It wouldn't hurt to hire a lawyer.
as to her being in the house:
you allowed her to move back in. At the least that created a landlord tenant situation regardless of any rental agreement. You would have to evict her... and don't forget to include the friend in that action.
Re: I Called the Cops on My Ex but I Got Arrested
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narnett
My ex-wife moved out before the divorce was final, but recently we have been trying to work things out so she moved back in.
Ok, so the house is yours as outlined in the settlement, and she is effectively your tenant, living there with your permission. Since there is apparantly no lease, she's a month to month tenant by default. Generally that means that if you want her out, you need to give her notice, and follow the steps of the eviction process (check the website for your county's Clerk of Courts, most of them have excellent guides and the forms you'll need).
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I should add she has a history of verbal and physical abuse on file with the police department of our former place of residence (N. Carolina) I had to call the cops for a domestic dispute where she assaulted me.
That past history ceased to exist the moment you let her move back in. The only thing the court is going to care about now are incidents that happend since then.
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When i got home, I didnt want to cause a confrontation so I had a friend come with me to grab a few of my things and we left.
Always the best advice: take someone else WITH you.
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However the following day, no one was available to come with me to grab other things of mine I needed. So I went alone.
Bad news. Did you ask police for an escort? You could/should have done so.
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I have never laid a hand on her, have no history of violence (unlike her), and was the one to report the incident.. how did I end up in jail?
Apparantly she was able to convince the officer that you were the primary aggressor. Without having been there, we're in no better position to guess about how the officer made that determination than you are. If I had to guess, without being privy to the actual report, I'd lean towards thinking that the fact that she is living there and you apparently aren't makes the act of you showing up and entering the house questionable in motive. You realize of course that their story is going to be: "there we were, minding our own business, and he burst into the house causing trouble, after a struggle, we managed to escape with our very lives." This is exactly why you don't do that sort of thing alone, without a witness, or police stand by.
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What can I do to get her outta my house?
The eviction process.
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How do I file the report I originally called the cops for filed?!
You don't file reports. You make reports to the police, and if they feel there is probable cause, they forward those reports to the state attorney's office. The SAO then decides if criminal charges will be pursued or not.
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I should also add I am in the military.
Yes, that's vital information. You need to be speaking to an experienced criminal defense attorney IMMEDIATELY. If you've been arrested on a domestic violence charge, your military career could hang in the balance, even with only a misdemeanor conviction (that's a hard job to keep when federal law would potentially restrict you from having a firearm).