A question for our LEOs.

[Clockwork]

A friend of mine recently started a relationship with a girl that is going through a divorce process with someone that she is common law married to. Basically the situation was that this guy was diagnosed with high levels of rapidly spreading cancer and had no job and had no health insurance so she married the guy just so he could get on her health insurance.

Long story short the guy is a controlling douche so she left him and some time later she hooked up with my friend.

Anyway. This guy (the ex) has been making threats toward her, he put a keylogger on her computer, and more alarmingly this guy recently kicked in the door to her place while she was at home and my friend was upstairs with his toddler daughter sleeping and didn't hear the break in. Came in and threatened her so she called the cops and filed a police report. I believe it was written up as criminal mischief, but I suggested that they use it as a basis to file for a restraining order.

Now these individuals are buying firearms to protect themselves and may pursue CHL courses.

My question to our LEOs is this: If your common law husband who you are trying to divorce kicks in the door to your home and enters, can you legally use deadly force against that individual?

 

[Zombie]

Did she feel her life was in danger? Enough said

 

[Zombie]

Also, contact the Sheriff's dept. file a restraining order, then will help her case JIC worse comes to worse.

 

[Dawico]

I am not a LEO, nor do I play one on TV, let me just get that out. Now, that being said, it sounds like she feels threatened. That answers the question in my mind. I don't believe the law makes an exception if you know the person. Threatened is threatened. The situation sounds justifiable.

Now, I am not giving permission, as I don't think anyone should (or would) say "thats fine, blow him away". She must be prepared to deal with the consequences of her actions.

 

[Clockwork]

I am not a LEO, nor do I play one on TV, let me just get that out. Now, that being said, it sounds like she feels threatened. That answers the question in my mind. I don't believe the law makes an exception if you know the person. Threatened is threatened. The situation sounds justifiable.

Now, I am not giving permission, as I don't think anyone should (or would) say "thats fine, blow him away". She must be prepared to deal with the consequences of her actions.

Ah but I just found out that the plot thickens.

The home that he kicked the door in on? Both she AND the door-kicker are on the mortgage, so he is part owner. Can one home owner use deadly force against another homeowner on their own property if they feel threatened? There is concern that this individual may harm the toddler, as well.

Really need a LEO response in here.

 

[Dawico]

I think you need a lawyers advise.

 

[Clockwork]

That too.

 

[Zombie]

Well, i'm an LEO, not a lawyer and your getting into "civil" matters here that are above an officers head. But IMO, yes, she would be okay. As long as she could convince she was in danger, she would be okay.

 

[ChunkyMonkey]

I wouldnt think the door being kicked in would be enough just to shoot someone. Threatened is threatened, if their life is in danger, then it is....BUT, kicking in a door alone, ok wouldnt think that to be the case. Kind of like them having a verbal argument and him constantly slamming his hands on the counter. If he's actively staying in the home and she just changes the locks, he could call a locksmith, or let himself in. but as others stated, this is bordering civil matters. Also, a restraining order is a civil process. If she feels in danger or there is a history, she should inquire about a Protective order.

I am a LEO, but theae are my own views. You or the friend need to consult you local department and legal representation. I'm not telling you what to do.

 

[Mexican_Hippie]

If I was them I'd find somewhere else to live temporarily, until I got it legally sorted.

 

[blackwater]

I wouldnt think the door being kicked in would be enough just to shoot someone. Threatened is threatened, if their life is in danger, then it is....BUT, kicking in a door alone, ok wouldnt think that to be the case. Kind of like them having a verbal argument and him constantly slamming his hands on the counter. If he's actively staying in the home and she just changes the locks, he could call a locksmith, or let himself in. but as others stated, this is bordering civil matters. Also, a restraining order is a civil process. If she feels in danger or there is a history, she should inquire about a Protective order.

I am a LEO, but theae are my own views. You or the friend need to consult you local department and legal representation. I'm not telling you what to do.

Well thats kind of like saying if a random guy kicked in my front door I wouldn't be justified in shooting them, I believe I would especially if they then proceeded to enter my dwelling. Right?

 

[Mexican_Hippie]

Well thats kind of like saying if a random guy kicked in my front door I wouldn't be justified in shooting them, I believe I would especially if they then proceeded to enter my dwelling. Right?

It's his own house he kicking the door down on.

 

[Texan2]

Too many variables to get a good answer here. Common law marriages are such a web of BS and most who think they are common law are not.

If I was your friend I would stay out of this dudes house that is for sure. The house, the marriage, and all that other stuff has nothing to do with the use of deadly force.

I would not want to be your friend, be in this guys house, and then shoot him with the gun I just bought. That would take some uphill explaining.

 

[Bithabus]

Feeling threatened is not a justification.

And, it is not unlawful to use force to enter your own home. I don't think the presumption granted by the "castle doctrine" would apply here, and she would have to articulate that she reasonably believed unlawful deadly force was about to be used against her. However, if a protective order is in place and it became unlawful for the man to enter her home when she is there, the presumption could apply.

 

[Texan2]

Also, contact the Sheriff's dept. file a restraining order, then will help her case JIC worse comes to worse.

If you are a Texas LEO, you would know that a Sheriff's Department does not file "restraining orders". A restraining order is a civil order with no arrest authority behind it. Private attornies get them periodically, but they are rarely used anymore.
She needs a "protective order" (which gives officers authority to arrest if violated). They are usually filed in county court and most times by an advocacy center which most counties have. They dont charge for their services.

PM me with the county she is in and I gan give you some contact numbers.

 

[TexasRedneck]

Your friend has gotten himself into a shitburger stew that he'd best be DAMNED careful with. SHE needs to be talkin' with an attorney IMMEDIATELY. Personally, I'd be runnin' from this broad as fast as my legs would carry me - she's a shackup that got knocked up, entered into a long-term legal obligation without bother to get married - and now wants "someone to protect her".

Run, Forest - RUN!!!

 

[bkarma68]

I would remind the liberals a violent forced entry into a residence by a non reident is a act of violence alone. A defence to prosecution if the illegal entry or said act followed by a responce lethal force but only if the occupant/resident ((( Believed ))) he or she was in fear of imminent danger or bodily harm
There are 2 witnesses one is not talking. like NEO said I believe not nemo.

 

[TexasRedneck]

Actually, it's entry into HIS home - how he does it is of no consequence, since any damage done is to his own property. Absent court orders to the contrary, he has just as much right to be there as SHE does....period.

 

[Texan2]

Your friend has gotten himself into a shitburger stew that he'd best be DAMNED careful with. SHE needs to be talkin' with an attorney IMMEDIATELY. Personally, I'd be runnin' from this broad as fast as my legs would carry me - she's a shackup that got knocked up, entered into a long-term legal obligation without bother to get married - and now wants "someone to protect her".

Run, Forest - RUN!!!

^^THIS!!! GTF away from her.

 

[txinvestigator]

Did she feel her life was in danger? Enough said

Feeling your life is in danger is not a justification for deadly force. See penal code chapter 9