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My EX wife entered and searched my house without my permission. She took items and admitted to it.?
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My EX wife entered and searched my house without my permission. She took items and admitted to it.?

I became the sole custodian of my daughter when we divorced. I moved 5 hours away for work. When my ex wife came to town to visit, I would allow her to stay in my home while I ran errands, went to the gym, etc. My daughter told me Christmas 2006, Mommy was taking pictures of stuff when I wasn't home. The summer of 2007 when her child support increased to cover what she missed, she bagan sneaking in my home, taking my belongings. This was July 2007. Sept 2007, I receive notice she is seeking custody of our daughter. Many of the exhibits, she has are pictures of adult magazine, that were boxed in my garage and 1 adult video, which she also took from my garage and admitted it. She stole medical paper work and much more. Her attorney said, she had a right to investigate the home where her daughter was living. I said, if she was ever doubtful that I provided a safe home, she should have contacted the police to investigate. Her attorney is saying not so. Can I press charges?
Additional Details
She did not have a key. She enter through the garage door.


    




2008-04-18 01:36:20 +0000
Rating
Get yourself a lawyer


2008-04-18 01:54:42 +0000
None of the pictures she took will hold up in court as they were aquired illegally. It also depends on the wording in your divorce/custody legal contracts.
She may have legal permission to observe her daugters dwelling. But NOT w/o you being present. You should look over the wording in your legal contracts and get a restraining order on her if she indeed, violated the terms of the contract. If she took items from your house, call your local police dept. and look into filing a police report on her for theft and possible breaking and entering.
You may beed to consult an attorney but the wording in your contract may be clear enough for you to file a police report.


2008-04-18 01:48:37 +0000
The first three answers given are correct; I would add that the proper method for her to investigate the child care that you were providing would have been through discovery methods including an order for inspection of the premises.

Whether the pictures will be admissible as evidence at a trial on the issues is another story. Since she is not the police and was apparently not acting under color of state law, I'm not sure that the evidence is suppressed in the same way as it is when the police do it. I would have to research that question because I just don't know it off hand. However, the pictures themselves would be good evidence of her criminal trespass and, if a threat of prosecution and civil suit don't dissuade her from using them in court, once she does enter them in evidence they would be available to you as proof of her illegal entry into your home.


2008-04-18 01:46:41 +0000
Rating
You said she took items, That's stealing. Its illegal regardless of what her lawyer tells you. However I would reccomend Lawyering up quick, and go get a restraining order against her. Best of luck.


2008-04-18 01:45:48 +0000
Rating
Yes, and I recommend you do. She can be charged with Unlawful entry, breaking and entering, and search and seizure. She is not a lawful figure (i.e. Police, government official, D.A.) and was not allowed to enter your premises or take anything from you without your permission. And if she ever says that you did say you were allowed to (especially in a court of law) and you did not, not only would she have to prove it but she would be charge with (I believe it is called contempt, but I may be wrong.) contempt of court. But you also need to contact a lawyer. Set up a meeting with a lawyer who won't charge a fee for sitting with you. Make sure he/she gives you 100% focus, and is nice. If this does go through, and you manage to press charges, you should win.


2008-04-18 01:37:38 +0000
Absolutely and all evidence obtained was done so by illegal search and seizure. she should be charged with trespassing, unlawfully entry & theft. you are not at fault. Call A lawyer in your area ASAP.

Good Luck bud, gods speed


2008-04-18 01:44:47 +0000
Did you let her into the house? Did you give her a key??Then she's not breaking and entering.. :)

If she took photos of things while in the house with your consent (see above), that's not an invasion of privacy, you let her in, unless you told her point blank in writing no photos allowed.

Taking the video was petty theft at best.

Medical records are another story as far as invasion of privacy, but again, if they're not locked up and she's in the house..... see where I'm going with this? Really tough to get a prosecutor to side with you on this one.


2008-04-18 01:45:34 +0000
Yes, she was trespassing and she committed a burglary. Of course her attorney is defending her. That is his job. I would go to the police immediately.





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