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  1. #1
    Join Date
    Nov 2017
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    Default Can You Kick Your Spouse's Guest Out of the Home Against Her Wishes

    My question involves restraining orders in the State of: West Virginia

    I have a question that I was hoping this community could help answer. Lets say that an individual is on the property of a Husband and Wife. The Husband does not like the individual and requests he leaves. Now, "he" happens to be the brother of the Wife and she does not wish him to leave. In this case, who gets what they want? For instance, the Husband calls the police and when they arrive he makes it clear that he just plain out does not like his brother in law, but the Wife is totally of the opposite side.

    Additionally, there has never been any violence between the Husband and brother in law, no alcohol used in either party, and nothing of the sort. He just simply does not like the individual because of whatever reason. What would happen in this situation?

  2. #2
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    Default Re: Spouse Disagreement

    Quote Quoting Hexa Fox
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    My question involves restraining orders in the State of: West Virginia

    I have a question that I was hoping this community could help answer. Lets say that an individual is on the property of a Husband and Wife. The Husband does not like the individual and requests he leaves. Now, "he" happens to be the brother of the Wife and she does not wish him to leave. In this case, who gets what they want? For instance, the Husband calls the police and when they arrive he makes it clear that he just plain out does not like his brother in law, but the Wife is totally of the opposite side.

    Additionally, there has never been any violence between the Husband and brother in law, no alcohol used in either party, and nothing of the sort. He just simply does not like the individual because of whatever reason. What would happen in this situation?
    Both parties are fully entitled to grow up and behave like rational adults.

    If they can't manage to come to an agreement on who is or isn't allowed to be present at any given time, they may wish to seek the services of a divorce attorney.

    The police won't get involved in a non-violent marital dispute.
    An intelligent hell would be better than a stupid paradise - Victor Hugo

    Do not microwave grapes

  3. #3
    Join Date
    Sep 2005
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    California
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    19,716

    Default Re: Spouse Disagreement

    If the wife wants him to stay then there is no incident of trespassing and the police cannot force anyone to leave.

    As mentioned, if the husband and wife cannot agree on something so simple, maybe it is time to re-think the marriage.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  4. #4
    Join Date
    Nov 2017
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    Default Re: Spouse Disagreement

    Quote Quoting cdwjava
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    If the wife wants him to stay then there is no incident of trespassing and the police cannot force anyone to leave.

    As mentioned, if the husband and wife cannot agree on something so simple, maybe it is time to re-think the marriage.
    This is a little confusing, at least to me. Because trespassing would be an individual being on another individuals property without permission correct? So if the husband requests someone leave his property and they refuse, would that be trespassing? Even if the wife is on the complete opposite side and wishes the individual to remain?

  5. #5
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    Sep 2005
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    California
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    Default Re: Spouse Disagreement

    Quote Quoting Hexa Fox
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    This is a little confusing, at least to me. Because trespassing would be an individual being on another individuals property without permission correct? So if the husband requests someone leave his property and they refuse, would that be trespassing? Even if the wife is on the complete opposite side and wishes the individual to remain?
    However, the WIFE gave her permission. It is NOT trespassing if a lawful resident gives permission for someone to be there. The police will not get involved as this is not a criminal matter.
    **********
    Retired Cal Cop Sergeant & Teacher

    Seek justice,
    Love mercy,
    Walk humbly with your God

    -- Courageous, by Casting Crowns ... http://www.youtube.com/watch?v=pkM-gDcmJeM

  6. #6
    Join Date
    Oct 2006
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    14,067

    Default Re: Spouse Disagreement

    Quote Quoting Hexa Fox
    View Post
    This is a little confusing, at least to me. Because trespassing would be an individual being on another individuals property without permission correct? So if the husband requests someone leave his property and they refuse, would that be trespassing? Even if the wife is on the complete opposite side and wishes the individual to remain?
    Sorry, but its just as much the wife's property as it is the husband's, therefore his wishes do not trump hers. Therefore it would not be a trespass unless BOTH the husband AND wife do not want him there.

  7. #7
    Join Date
    Dec 2017
    Location
    Arizona
    Posts
    5

    Default Re: Spouse Disagreement

    As long as both of you are together you have equal rights to the property and you cant just throw him out of the property. Talk to your wife and make your dislike public to her.

  8. #8
    Join Date
    Nov 2017
    Posts
    5

    Default Re: Spouse Disagreement

    Fortunately for me, this dispute does not concern me directly, nor am I married.

    I know I am rather late getting back. However, thanks for all the replies. So it would seem that most people believe that authorities would not be able to intervene if the wife and husband disagree and there is no violence whatsoever? Because I talked to a paralegal and she said in West Virginia if the husband and wife cannot decide the authorities will just ask the individual to leave, and if the individual refuses they are detained and removed. She said that it does not matter if the individual was not violent physically or verbally, they can still be required to leave if one party does not desire them to be there.

    Could it be that regulation is different in West Virginia on these type of disputes?

  9. #9
    Join Date
    Oct 2016
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    Default Re: Spouse Disagreement

    No and thank you for wasting our time on a hypothetical.

  10. #10
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    Oct 2006
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    Default Re: Spouse Disagreement

    Quote Quoting Hexa Fox
    View Post
    Fortunately for me, this dispute does not concern me directly, nor am I married.

    I know I am rather late getting back. However, thanks for all the replies. So it would seem that most people believe that authorities would not be able to intervene if the wife and husband disagree and there is no violence whatsoever? Because I talked to a paralegal and she said in West Virginia if the husband and wife cannot decide the authorities will just ask the individual to leave, and if the individual refuses they are detained and removed. She said that it does not matter if the individual was not violent physically or verbally, they can still be required to leave if one party does not desire them to be there.

    Could it be that regulation is different in West Virginia on these type of disputes?
    I suspect that the paralegal does not know what they are talking about.

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