Q: Can police allow husband with domestic violence indictments to take my belongings and firearms during divorce?
I filed for divorce, and it is currently pending in court. My husband, who has two indictments for domestic violence, initially took most of the household items with police assistance, leaving only the basic furniture. Later, I was informed by dispatch that he would return with two officers to collect more belongings, despite having promised in front of an officer not to return. I reached out to the sheriff's office for support regarding my civil rights but was refused assistance multiple times, even having my calls hung up on. The officers warned me of potential arrest if I resisted, despite my husband's history of at least 10 domestic violence reports and two arrests with allegations that were stated as credible. However, upon reaching out to the DA’s office, I was informed that there are no indictments or information on his cases, implying they might have been dropped. Despite attempts to seek help from the court, communication has been challenging. My concern is whether the police had the authority to allow my husband to take my firearms and personal belongings, especially without a court order and given his history of domestic violence, while ignoring my rights and safety.
A:
No, police do not have the authority to allow your husband to take your firearms and personal property. They are only authorized to do a “civil standby” to prevent violence when your spouse is removing firearms and personal property he claims as his.
In your pending divorce case, you can request temporary orders including the return of your firearms and other personal property.
You are required to plead whether family violence occurred in your divorce case and, ultimately, to offer evidence to prove your allegations. “Reports”, “arrests”, and “indictments” are not evidence. You will need witnesses, photographs, recordings, medical records, writings, etc.
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