Law Offices of John Carney | John Carney
You cannot be arrested for breaking into your own home or taking your own property. Certain states have community property and some property actually "belongs" to one of the spouses. After people argue or separate they sometimes take their "own property" and the other spouse wants to have them arrested. It all depends on the circumstances and which state you are in. If there is a divorce and the property has been divided then you can be charged with stealing the other person's separate property, or it could be considered a civil matter. I would have the divorce lawyers settle the property dispute and not get he police involved or you may find yourself also arrested for theft of property. making a false police report, harassment, or any other crime you could be accused of in retaliation.
Answer Applies to: New York
Timothy J. Thill P.C. | Timothy J. Thill
It depends on the police/prosecutor to decide if there is enough evidence to carry through with charges. Understand if there is an order of court saying that he was not to enter the house, and you can prove this, your chances of prevailing are better, and remember that you can also take the matter back into the divorce court, as well, where you might stand a better chance of getting relief.
Answer Applies to: Illinois
Mary W Craig P.C. | Mary W Craig
If you have a divorce decree that sets out who gets what, and your ex-husband took items that were awarded to you, then at the least he can be charged with contempt, and possibly worse. If the decree did not cover the items you are talking about, you may have a harder time getting the DA to press any kind of charges.
Answer Applies to: Alabama
Law Office of Richard Williams | Richard Williams
It would be difficult for your ex-husband to be arested and prosecuted for entering into a home that is his home. However, if he took things that did not belong to him It would appear he could be charged with theft of property. If there was a dispute that the items taken belonged to him, or to the both of you, I would think the issue should be resolved in the domestic relations court.
Answer Applies to: Alabama
Dennis John Woods, Attorney at Law | Dennis John Woods
Probably not, the police hate to get into the middle of a civil quarrel and will probably try to send you to court under the divorce case. But since you are divorced, it seems that one of you would have been given sole occupancy of the house even though it is still in both names and that would make the act criminal if you could show that the belongings were either clearly yours or were awarded to you in the divorce. Then they might at least talk to him. Even if they make an arrest, the prosecuting attorney has to make a decision whether or not to prosecute and they usually have a lot of very serious stuff on their plates. I would take it to circuit court. It would be the same case as the divorce. Pleae note that I can only suggest action based on the information you gave me. Even a small twist in the facts could render this invalid.
Answer Applies to: Michigan