Legal Question in Family Law in Pennsylvania

Will I get arrested if...

I have been separated for 1 yr and 8months from my husband. He will not let me back in our house that we rent to retrieve some of my kitchen items. He has a lawyer, I do not. He leaves the house unlocked at all times. Will I get arrested if I go to the house and retrieve my items when he is NOT home? I contacted the state police in my area and they have no idea. They said this is a civil matter. Thank you.


Asked on 3/31/06, 9:41 am

1 Answer from Attorneys

Roger Traversa Arjont Group (Law Office of Roger Traversa)

Re: Will I get arrested if...

You specify renting and identify the house as "ours." If you are on the lease and you do not have a divorce or any documentation that prevents you from entering the house then I see nothing that prevents you from entering the house at any time.

My suggestion would be that you plan on removing all personal items that you claim at one time as you probably will not get a second chance. The best course of action would be to contact the local police, explain to them what you plan on doing and ask for an escort while you do this. You'll need to show a copy of the lease and there is no guaranty that they will accommodate your request. The officer probably will not enter the house with you, but will wait outside to act as an intermediary should your husband arrive home.

A lawyer is prevented from counseling a person in perpetrating any type of crime. So if you have not stated the facts correctly or have not stated all the facts and this would be a crime then the above advice would be incorrect.

Regards,

Roger Traversa

email: [email protected]

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Answered on 3/31/06, 10:17 am


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