parties are separated and divorcing. husband accuses wife of breaking in the door while he was there not taking anything but looking around as if someone were there. husband took out a warrant and wife turned herself in. She claims she was not there. Wife took herself off of the lease and has no access to gated community.
Charge is the wrong word here. Can a Husband sue an ex spouse for damages of property? Yes, they can. It is up to the prosecutor to decide whether to charge the Spouse.
This post is not intended to create an attorney-client relationship, nor should the information contained therein be considered as legal advice. Each case is unique, and posters should seek independent counsel to handle their legal problems. This post is merely intended to be educational in nature. I am not your attorney, nor do I agree to appear in court for you by posting this information.
It sounds sketchy but this is more of s criminal law issue. You should hire a lawyer pronto and beat this so you can protect your interests.
She should contact a criminal lawyer and set up a consult at the very least. If the husband pushes this matter with the Commonwealth she could be charged criminally. It does not appear from the fact pattern that she intended to commit a crime once she allegedly entered the dwelling so I don't think she would be charged with Breaking & Entering but that could change depending on the fact pattern that he presents to the police. Good luck.
Generally speaking, a spouse can allege criminal behavior for the fact pattern you have presented and, as a result, criminal charges may be brought by the Commonwealth. However, whether one would be found guilty of the alleged crimes is a completely different question and unable to be answered without further information. For example, despite being removed from the lease, did the wife still have a legal right to the property or are there any people that can corroborate the wife was not in the local area at the time of the alleged offense? Consulting a local attorney that practices in both criminal and family law will likely better address your question.
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