Legal Question in Criminal Law in Florida

Breaking and entering of a spouse

i was informed by a police officer this afternoon that my estranged wife could come in my house where I am the sole lease holder,and at any time proceed to take any property she wants.the door to my home was pried open after I had changed the locks.There was a shotgun and a dozen playstation games stolen.I was then told that because we are married there was nothing the police can do.is this the truth, and what can I do to protect myself?This woman has an extensive violent criminal history and now she is armed. Please Help.


Asked on 10/30/02, 10:10 pm

1 Answer from Attorneys
Eric Dirga Eric J. Dirga, PA

Re: Breaking and entering of a spouse

I am not sure of the meaning you are giving to the word "estranged" however if you and your wife are separated and you are the only person on the lease, your next step would be to petition the court for an "imjunction against domestic violence." You can receive help with this at the Clerks Office in the Courthouse of the County in which you reside. That will put a stop to her ability to harrass you without consequence. Your next step would then be to file for divorce.

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Answered on 10/31/02, 12:04 pm


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