So my wife has an order not to come near me or the home for a year. She plans to come with a sheriff to claim her remaining items. Can they enter without me here? She does not have the key, but she is still on the lease (because the company will not remove her).
Because, one, I do not want to see her.
Two, if my kids are here, they be scared of her.
Three, I do not want to hear her saying anything nasty.
Four, I do not need her taking things NOT hers.
Five, I rather just leave everything she wants in the hall (no a lot, mainly a sewing machine, personal papers, some craft items).
If I am here with the kids, no one wants her here. How can she even enter? If I am not home, I am being violated.
I can not get the updated court order by the state of her one year to stay away, but I have the first six month protection order with me. I can not afford to take another unpaid day off from work and pay Lyft to get me downtown for something I could wait for hours to do, but may not even obtain it that day. I face eviction every month (because everything is so stupidly automated) without enough rent money.
What are my options?
If your protective order allows your wife to enter the home with a sheriff deputy, then she can according to the exact terms of the order, and she can only take what the order specifies she takes (typically limited to personal belongings, toiletries, and clothes for example). It is possible that your landlord could let her into the house since she does not have a key but her name is on the lease.
If you are at home when she comes with the sheriff deputy, then the sheriff deputy will ensure that no contact is made between you and your wife, and will ensure the safety of everyone present.
Your permanent order is kept in your court file at the clerk’s office. You are able to retrieve a copy at any time, and you should be able to obtain it relatively quickly. However, note that there is a nominal per page charge for copies to be made.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I see. Would I know when/if this is to happen, or they just drop by? I do not want her in here, snooping around think she has things around. I have all her stuff in 2 boxes. All she has is personal papers, some clothes, and craft stuff like a sewing machine. That is it. 98% of everything else, she has it as I packed it up and gave it to her friends the weekend of her arrest. I do not need her invading my life anymore. She can go in the bathroom, see my daughter’s hairbrush and claims it belongs to some other girl and try to use that against me in divorce. She has admitted to the pastor she will lie to get me into trouble.
So, would I be contacted to make arrangements with said officer? If they come unannounced and I am in the shower, or the kids are here, it will not bold well. No one, including me, wants to see her.
How do I find this stuff out? I rather her friend come get her stuff nice and quick (but they complain about having to drive).
You may or may not know in advance when your wife will be coming with a sheriff’s deputy to pick up the rest of her things, particularly if the court order does not specify when she can come. If she has a lawyer, you could arrange a time through her lawyer for her to come.
She can only take what is listed in the court order, and generally a sheriff deputy will only allow a person to get what the order says and not search for other things.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
Well, the protective order says she can not come here without a sheriff, but also has to be 100 feet away from the home, me and the kids. I hate she comes here and the kids are here and they freak. They are scared.
Also, there is nothing that I know of if she is coming. Just word from a friend of hers that is a plan of hers, but I have nothing that states for sure. I am just worried of her entering this home at all. Just easier if her friend comes alone. 2 boxes, done! If she does want her sewing stuff, than one small box is all it is.
Also, all her remaining stuff is in a box, in the storage closet on the back deck. Has to be pulled out from other things. I do not need them go looking.
So I have no idea if she is or not coming, as no one mailed me any papers stating so, or called.
You may or may not know ahead of time whether or not she is coming with a sheriff’s deputy to get her things. Perhaps you can place the boxes of her things by the front door and clearly marked just in case she does come to pick up her personal property.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.
I talked to the local police and the dude was nice to me about the situation and agreed with me I am trying to keep the peace, especially for the children. My complex says I can not remove her from the lease, without an official separation agreement ($$$$$). Is there anyway to get her off? I have to renew, for even higher rent now, in August and could not find the funds to move out. The complex will not let me do a new lease with just my name. Is this correct?
And thank you. The information you have provided is helping me try to find some contingency plans with this.
If the apartment complex is not letting you sign a new lease in just your name, then this could be because of needing a co-signor or because of the apartment complex’s policy. I would inquire further with the apartment complex to understand the reason for not being able to sign a lease in just your name.
Anna Ayscue
Attorney with Rosen Law Firm Cary • Chapel Hill • Durham • Raleigh • Wake Forest
Rosen Online | Unlimited confidential access to a North Carolina attorney for $199/mo - click here
The response posted above is based upon the limited factual information made available and is not intended as a full and complete response to the question. The only reliable manner to obtain complete and adequate legal advice is to consult with an attorney, fully explain your situation, and allow the attorney sufficient opportunity to research the applicable law and facts required to render an accurate opinion. The basic information provided above is intended as a public service only, a full discussion with an attorney should be undertaken before taking any action. The information posted on this forum is available for public viewing and is not intended to create an attorney client relationship with any individual. These answers are provided for informational purposes only, a person should consult with their own individual legal counsel before taking any action that could affect their legal rights or obligations.