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  1. #1
    Join Date
    Apr 2010
    Posts
    13

    Exclamation Police Won't Let Me into My Home

    OREGON

    Ok, my wife got a restraining order against me so I had to leave my home. The order did state that I can get my "personal essential items, toiletries, and tools of the trade, but not limited to these things", to that effect. A few days after the RO was issues I went to my place with a police officer to get my clothes, and tools of my trade, which includes my computer. My wife was not home at the time. During this time my wife is dating a police officer, even while we are still married! The officer who came with me to get my things, said that because my wife was not home, he would not allow it. He said he wanted her to be there. He called her and set it up for later that day. So I left expecting to go back that afternoon when he said. He called me before the time we agreed upon and said that since my wife didn't want me to take anything other than my clothing, that my clothing was all I could take. So I cancelled the "civil standby" because there had been another officer who recommended doing it when the other party was not there, and I didn't want to waste my one civil standby and not get my tools. So later that week I contacted the officer who said we could do it when she wasn't there and we went to my home. However now this officer stated that they were mistaken and it had to be done while my wife was home and also that we couldn't do it anyway because the locks were changed, no idea how she knew the locks were changed!?

    So I determined that I needed to overturn the RO in order to get all my things. I went to court and fought it and two months after it was issued, it got dismissed. A week after it got dismissed, I rode up in a truck to get all my things out. I had a legal copy of the dismissed RO in hand, along with a copy of the rental agreement with my name on it. Soon after I pulled up, I find that her cop boyfriend comes to MY HOME and tells me to leave saying that I'm not on the lease anymore. I tell him that I am, and he just locks himself in my home?! I call the police, and maybe he did too and my wife, like 4 or 5 cop cars show up and they ask me if I have a gun or knife on me!? I have never owned one of either and I believe my wife told them that. Anyhow one officer tells me that since I was not officially evicted, that I had every right to be there and to go into my home, but two other cops, one of which was a supervisor, said that I had established "residency" elsewhere and therefore I had no right to be there regardless of the judge's dismissal of the RO and the lease with my name on it. I had to leave, and they did a "civil standby" that afternoon where my wife piled most of my things in the garage as if they were trash. My computer was not among these items and she told me that there were no other computers in the house other than the laptop, (which isn't my work computer). These cops stayed there for about 90 mins while I packed up the truck with some friends. They would not allow me to go into my home.

    I called to report these items missing, or rather stolen about 5 days later. A cop calls me, I tell him about it, he calls my wife, then calls me back and says that there is a divorce in progress and that therefore this is a civil matter and must be handled via the courts in the divorce. He then advises me to stop all contact with my wife, as if I am still attempting to communicate with her. I told him I had no interest in communicating with her and that the last time I had any communication with her was when I gathered up my things when the officers were there, what things I was at least able to get.

    So I go to the court to find out what the ETA is on the divorce proceedings. Come to find out there ARE *no* divorce papers filed. I wait two more days, still no divorce papers. So I call to make the report of the items as stolen or missing. [My step daughter advised me that my things very well may have been pawned, and when I contacted the pawn store they said I would need a police report to get any items back, if they even had any]. I tell them everything and the cop I talk to can't give me a straight answer. He calls my wife, then calls me and says that she is about two seconds away from getting a stalking order against me. I'm like WHAT?! I have had NO COMMUNICATION with her WHAT SO EVER since I got what I could when the officers were there!!! Apparently my wife got him all excited to defend her by lying to him. The officer tells me some contradictory information and I throw it in his face, probably ended up making him feel very foolish. He then ends up coming to my current address and arrests me with the charge of initiating a false report. He said he had probable cause because I admitted that another officer had already spoken to me about it two days before saying that it was a civil matter. But I told him that in fact it was not because that officer thought there was a divorce pending and there in fact is NONE. She even told the cops that they were trying to serve me with divorce papers and I was refusing them. Not so, there currently is no divorce filed by myself or my wife at this time.

    Did the police violate my civil rights?

    Were they covering for their friend cop who is dating my wife?

    I get the RO dismissed and come home to this cop living in my home, with my wife and MY THINGS and *I* am the one who goes to jail.. is this right?

  2. #2
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Police Won't Let Me into My Home

    Did the police violate my civil rights?
    possibly but depending on the totality of the facts, they may have been acting properly based upon what they understood the situation to be.

    Were they covering for their friend cop who is dating my wife?
    I don't know him or the other cops so I couldn't really say.

    I get the RO dismissed and come home to this cop living in my home, with my wife and MY THINGS and *I* am the one who goes to jail.. is this right?
    based on your rendition, no.


    so get thyself to court. File for the divorce, seek to recover your property specifically including your computer. When you get a chance to address the court, in very a short manner, describe how you attempted to retrieve the goodies and ask for the judge to order an officer to assist you in retrieving your property.

    I would also look for an attorney that deals with civil rights violations and have a chat with him/her. You may have nothing but who knows. Too many possibilities to give any sort of solid answer in an internet forum.

  3. #3
    Join Date
    Apr 2010
    Posts
    13

    Default Re: Police Won't Let Me into My Home

    Thanks, my attorney said he will contact another attorney that deals with these types of situations and see what he thinks. I really just want to be done with all of this rather than dragging it out.

  4. #4
    Join Date
    Jan 2006
    Posts
    38,867

    Default Re: Police Won't Let Me into My Home

    Quote Quoting shanker
    View Post
    I really just want to be done with all of this rather than dragging it out.
    well, since nobody has even filed for divorce yet, I wouldn't get too excited about this being short term problem.

  5. #5
    Join Date
    Jun 2009
    Posts
    17

    Default Re: Police Won't Let Me into My Home

    well ..

    I can certainly identify with Your situation ...dam near what happened to me

    only difference was my wife was having an affair with her friends divorce attorney

    I don't have any good advice..

    it seems if you are married, Your spouse can do whatever they like ..

    I lost most all my Property, including a paid for Residence

  6. #6
    Join Date
    Apr 2010
    Posts
    13

    Default Re: Police Won't Let Me into My Home

    Quote Quoting Steve_Lujack
    View Post
    well ..

    I can certainly identify with Your situation ...dam near what happened to me

    only difference was my wife was having an affair with her friends divorce attorney

    I don't have any good advice..

    it seems if you are married, Your spouse can do whatever they like ..

    I lost most all my Property, including a paid for Residence
    wow. that bites. What a wonderful world this would be....

  7. #7
    Join Date
    Jun 2009
    Posts
    17

    Default Re: Police Won't Let Me into My Home

    I didn't prolly make my point clear ...

    due to the animosity, and disgust as to how i was screwed ,..

    the " Police" .. are simply going to claim it is a Civil matter ..

    they can't help You ..

    unless it ..

    is to Arrest ..You , of course

  8. #8
    Join Date
    Apr 2010
    Posts
    8

    Default Re: Police Won't Let Me into My Home

    How did you get the RO removed? Did you have to get a lawyer?

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