mistermack wrote:This law really is a license to murder.
What if your wife leaves you, and then comes back for the cat?
You can blow her away if it's after a certain time in the evening? What is the "killing time" ? Eight o'clock?
Before eight it's murder, after eight it's legal?
The metric is "darkness." If it's dark, that's when the statute kicks in. And yes, you probably could shoot her, depending on how she made entry to the premises.
The rules here (don't know about Texas) are that if one party in a domestic situation leaves the residence with an intent to abandon residency, that person CANNOT come back and break in (say the locks were changed) to get their stuff. Once they are locked out they MUST go to court and get a court order to reenter the house. If it's a domestic violence situation (even alleged indirectly) then the police will do a one-time "keep the peace" in which the person who left will be escorted in to collect PERSONAL BELONGINGS such as clothing and medication, and nothing else. In order to recover anything other than personal belongings, the individual has to go to court and get a court order for entry.
It's both illegal to lock your spouse (or girlfriend) out without warning if they aren't intending to abandon residency (called "forcible entry and detainer") and it's illegal to break in if you've been locked out, even illegally. The reason for this legal situation is precisely to avoid domestic conflicts. If you've been illegally locked out by your wife (or fiancee) because she/he's mad at you for something, you still have to go to court and get a court order to get back in legally.
Believe me, I know exactly how this works, I just went through it.
I'd been trying to get my ex-fiancee to move out voluntarily for almost six months but she refused. I couldn't simply lock her out without violating the "forcible entry and detainer" law, which is a misdemeanor crime. I had to convince her to leave voluntarily, which I did by throwing $15,000 in cash at her and asking here to leave...in a forceful voice.
She took the time to gather up the hundreds of scattered $50 bills and some other personal items and then she left with her dogs. Fortunately I had a witness to this in the house (a friend who came over to intervene) who was able to tell the police that she didn't look at all scared when she left. This was absolutely critical to my not being arrested for domestic violence.
She took the money and left voluntarily, which legally terminated her right to residency...although she didn't know it at the time.
Nearly 10 days later she made a complaint to the local police claiming that I had been carrying a gun in the waistband of my undershorts when I opened the door to her bedroom downstairs and tossed the money in. She told the cops she was "in fear of her life."
She was just trying to use the police to manipulate me by threat (which is a crime in and of itself), and fortunately for me the sergeant who was handling the case saw all the inconsistencies in her report...like the fact that she waited 10 days to report it and there's no way my underwear waistband could hold up a .45 H&K USP Compact pistol.
What she didn't know is that once she used the magic words "I was in fear for my life" it triggered a MANDATORY police investigation under Colorado law. She got caught lying to the police, so they dismissed the case as "unfounded" after talking with me and other witnesses.
But I'm still trying to get her to come get her things out of the house.
I can't believe grown-up humans could pass such a law. Even little children would surely see what's wrong with it?
I mean, I get accused of America-bashing, but Jesus Christ, they certainly make it easy.
Fuck, they virtually make it compulsory.[/quote]
"Seth is Grandmaster Zen Troll who trains his victims to troll themselves every time they think of him" Robert_S
"All that is required for the triumph of evil is that good men do nothing." Edmund Burke
"Those who support denying anyone the right to keep and bear arms for personal defense are fully complicit in every crime that might have been prevented had the victim been effectively armed." Seth
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