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    book9's Avatar
    book9 Posts: 2, Reputation: 1
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    #1

    Feb 16, 2009, 07:06 PM
    Exercising rights under threats
    Am trying to help someone. Wife had locks changed & locked husband out; there was no abuse of any kind. She also closed bank accts & took the $. She has never worked. There are 2 school-age children. He is on probation for white collar crime. She threatens to accuse him of abuse and have him put back in prison if he exercises any rights. He has no money, no clothes, & no place to stay - with friend now but not for long. He has been in contact with his agent who told him not to go near the place without the police present, but even if he got in, he worries what she will do. She also caused him to lose his job by calling his employer and causing problems. No one can get through to her; has worked through their church also. She wants the children, control and money.
    Can he safely get back into the house, have bank accts restored, and prevent her from taking children away without risking being sent to prison? With no income, the property is in jeopardy and he can't protect his assets this way. Can the court order counseling, or restraining order on her, or order to restore accts & get back into house? What is possible and who can best help? He talked to one atty who recommended he file for divorce in order to exercise rights. Is this the only recourse?
    stevetcg's Avatar
    stevetcg Posts: 3,693, Reputation: 353
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    #2

    Feb 17, 2009, 05:25 AM

    If he hasn't done anything, then yes, he has the right to pursue all of those things without the fear of being sent to prison. It is illegal for her to lock him out of the house. I would let the police know what she has threatened however and having them with him when he goes back is never a bad idea in a case like this.

    Divorce may not be the only recourse, but it sounds like a winner to me. After all, why would he want to remain married to someone that would act like this?
    Fr_Chuck's Avatar
    Fr_Chuck Posts: 81,301, Reputation: 7692
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    #3

    Feb 17, 2009, 06:26 AM

    He should not go near the house without the police, he should meet a officer and go to the house to get his personal belongings, clothes and the such.

    He should file for divorce ( check out legal aid) And in it, ask for his share of everything, custody of kids or visits and so on.

    Make a police report of the threats to have it documented.

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