For starters, I have no idea what topic to put this under since it covers a wide range of charges and questions. For the last 6 months I rented an apartment and moved my girlfriend in. She's not on the lease and she's never paid a dime towards any of the bills. She has had all her stuff moved in with her however.
A few days ago I broke up with her for cheating on me (again). I told her to move out immediately and she refused because "her stuff was there." So I left, to cool off and to arrange help for moving out. I told her that I was informing the landlord that I was moving out so she had to move out too. But we still had two weeks left in which we could live there if I chose (I pay the rent on an every other week basis).
Later that night after things had been moved out, and on a whim, I went back to the apartment. I brought my friend as a witness to anything. I wanted to pick up utensils I had left….only to find that my key wasn't turning (she was holding the handle from the inside; buying time for her guy buddy to hide somewhere). We never lock the deadbolt either, and the door is kind of sticky anyways, so I put a little shoulder into it and the door flies open, breaking the door frame. I come inside; see the bed arrangement as well as marijuana strewn about on the table. I already suspected another man in my house and I run out the back door yelling for him to show himself. I opened doors and closets. Nothing (she had him hiding in the basement). While I'm out back my girlfriend tells my friend she's calling the police and orders us to leave. Stupidly my friend announced that he "had the gun" and we should leave (he has a permit and always carries). I agreed and left without grabbing anymore of my property. It's also worthy to note that she had broken into the apartment to get in. I have voicemails from her complaining about it.
At this point we had not really discussed when she would be moving out, but I'm sure not paying anything for her to party it up at my house when she's not even on the lease. I stopped by the morning after the incident to tell her if she wanted to live there she would have to negotiate with our landlord the cost of utilities because I'm not paying for this nonsense. I had turned in rent the morning before so technically there was 2 weeks left. But, in discussing it with my landlord he said I could have her out but he would also accept any arrangement we make. She won't hear any of it and tells me to leave. I do. And upon looking over my shoulder I noticed the rear tire on her truck was flat to the rim.
Oh, boy. Heres where things get ugly. I immediately registered the implications of this. Now, let's be clear. I care about her even though she's screwed me over a few times. I know that she's mentally ill and can't seem to cope with everyday life. She can't hold down a job, etc. I knew that I would be blamed for this flat, and I knew she would not be able to fix it and nobody would help her and she would lose her job if she missed another day of work. I caved in. I go back to the house and ask what happened to her tire. I told her I didn't do that. I told her she's going to lose her job if she doesn't get that fixed. I told her we should get it fixed right now. She became angry and refused, once again telling me leave my own home.
Later, however, she seems to calm down. We reach an agreement with our landlord that she could stay the two weeks and find out what she wants to do, with myself even agreeing to pay for the utilities on the condition there were to be no guests besides family and two of her close friends. I agreed to help her with her tire and let her keep the Wii and the cat. At this point things are perfectly calm. Until about 4 hours later I'm awakened by her phone call telling me "sorry about the picture I just sent it was an accident." I look at it and it's a picture of the first guy she had left me for IN MY KITCHEN posing in one of her hats. He has the same name as me so she meant to send it to him. I flip out. I take back my agreement with the landlord and race over there to see if he is still in my house (at this point I had moved much of my things into my parents' house). They left of course. I grab the rest of my things and go. No fixing damage I did not do, no Wii, no nothing for her and I ordered her out in two days. She made her own deal to pay utilities with the landlord to stay the next day however.
Now she is saying that if I don't pay her money to have her tire fixed by tomorrow she's filing a police report. She's saying that my friend and I kicked down the door, created a domestic disturbance, were carrying guns, physically abused her and then flattened her tire. She says the guy (hiding in the basement) heard everything (including my friends statement that "we got the gun lets go"). She also has witnesses from across the street, although what they saw is unknown to me. This is a complete fabrication and im pretty angry. My friend and I have no idea about this tire business. For all we know she flattened it herself. Here are my questions:
1. If a restraining order or police report is filed, what is the likelihood that I will be arrested for vandalism to the tire? Does she have enough probable cause? I was angry about a guy being there but not angry enough to flatten her tire. Complete fabrication.
2. What about the other charges? My friend has a permit and did not draw the gun out. I didn't touch her. Is it a domestic disturbance if it's my home and I believe I'm chasing unwelcome intruders from my home?
3. Since she has her things there and had lived there, despite not being on the lease or contributing to rent or anything else, was it legal for her to break in? Would these people, invited by her or not, be considered intruders?
4. Can I have MY gun taken away from me or a stoppage put to the concealed weapons permit I am trying to get? Can my friend get his gun and/or his permit taken away?
5. IF she files the report against both my friend and I would that mean we couldn't act as witnesses to each other's case?
6. Is there anything I can counter her with from this story? From the past I have some evidence of her physically abusing me in the past and she once broke my blackberry phone.
7. If I'm able to prove this is all untrue can I sue her for defamation?
8. If I were to agree with her and give her the money for the tire would that mean I'm placing myself under guilt and suspicion and assuming responsibility? How should I approach that end because I'm really worried about the probable cause factor here….should I get an agreement notarized I don't know how to fully protect myself with this.
9 As for the basement guy, well he's an unreliable witness because he has a medical marijuana card and brought it into my home? Thanks for reading!
A few days ago I broke up with her for cheating on me (again). I told her to move out immediately and she refused because "her stuff was there." So I left, to cool off and to arrange help for moving out. I told her that I was informing the landlord that I was moving out so she had to move out too. But we still had two weeks left in which we could live there if I chose (I pay the rent on an every other week basis).
Later that night after things had been moved out, and on a whim, I went back to the apartment. I brought my friend as a witness to anything. I wanted to pick up utensils I had left….only to find that my key wasn't turning (she was holding the handle from the inside; buying time for her guy buddy to hide somewhere). We never lock the deadbolt either, and the door is kind of sticky anyways, so I put a little shoulder into it and the door flies open, breaking the door frame. I come inside; see the bed arrangement as well as marijuana strewn about on the table. I already suspected another man in my house and I run out the back door yelling for him to show himself. I opened doors and closets. Nothing (she had him hiding in the basement). While I'm out back my girlfriend tells my friend she's calling the police and orders us to leave. Stupidly my friend announced that he "had the gun" and we should leave (he has a permit and always carries). I agreed and left without grabbing anymore of my property. It's also worthy to note that she had broken into the apartment to get in. I have voicemails from her complaining about it.
At this point we had not really discussed when she would be moving out, but I'm sure not paying anything for her to party it up at my house when she's not even on the lease. I stopped by the morning after the incident to tell her if she wanted to live there she would have to negotiate with our landlord the cost of utilities because I'm not paying for this nonsense. I had turned in rent the morning before so technically there was 2 weeks left. But, in discussing it with my landlord he said I could have her out but he would also accept any arrangement we make. She won't hear any of it and tells me to leave. I do. And upon looking over my shoulder I noticed the rear tire on her truck was flat to the rim.
Oh, boy. Heres where things get ugly. I immediately registered the implications of this. Now, let's be clear. I care about her even though she's screwed me over a few times. I know that she's mentally ill and can't seem to cope with everyday life. She can't hold down a job, etc. I knew that I would be blamed for this flat, and I knew she would not be able to fix it and nobody would help her and she would lose her job if she missed another day of work. I caved in. I go back to the house and ask what happened to her tire. I told her I didn't do that. I told her she's going to lose her job if she doesn't get that fixed. I told her we should get it fixed right now. She became angry and refused, once again telling me leave my own home.
Later, however, she seems to calm down. We reach an agreement with our landlord that she could stay the two weeks and find out what she wants to do, with myself even agreeing to pay for the utilities on the condition there were to be no guests besides family and two of her close friends. I agreed to help her with her tire and let her keep the Wii and the cat. At this point things are perfectly calm. Until about 4 hours later I'm awakened by her phone call telling me "sorry about the picture I just sent it was an accident." I look at it and it's a picture of the first guy she had left me for IN MY KITCHEN posing in one of her hats. He has the same name as me so she meant to send it to him. I flip out. I take back my agreement with the landlord and race over there to see if he is still in my house (at this point I had moved much of my things into my parents' house). They left of course. I grab the rest of my things and go. No fixing damage I did not do, no Wii, no nothing for her and I ordered her out in two days. She made her own deal to pay utilities with the landlord to stay the next day however.
Now she is saying that if I don't pay her money to have her tire fixed by tomorrow she's filing a police report. She's saying that my friend and I kicked down the door, created a domestic disturbance, were carrying guns, physically abused her and then flattened her tire. She says the guy (hiding in the basement) heard everything (including my friends statement that "we got the gun lets go"). She also has witnesses from across the street, although what they saw is unknown to me. This is a complete fabrication and im pretty angry. My friend and I have no idea about this tire business. For all we know she flattened it herself. Here are my questions:
1. If a restraining order or police report is filed, what is the likelihood that I will be arrested for vandalism to the tire? Does she have enough probable cause? I was angry about a guy being there but not angry enough to flatten her tire. Complete fabrication.
2. What about the other charges? My friend has a permit and did not draw the gun out. I didn't touch her. Is it a domestic disturbance if it's my home and I believe I'm chasing unwelcome intruders from my home?
3. Since she has her things there and had lived there, despite not being on the lease or contributing to rent or anything else, was it legal for her to break in? Would these people, invited by her or not, be considered intruders?
4. Can I have MY gun taken away from me or a stoppage put to the concealed weapons permit I am trying to get? Can my friend get his gun and/or his permit taken away?
5. IF she files the report against both my friend and I would that mean we couldn't act as witnesses to each other's case?
6. Is there anything I can counter her with from this story? From the past I have some evidence of her physically abusing me in the past and she once broke my blackberry phone.
7. If I'm able to prove this is all untrue can I sue her for defamation?
8. If I were to agree with her and give her the money for the tire would that mean I'm placing myself under guilt and suspicion and assuming responsibility? How should I approach that end because I'm really worried about the probable cause factor here….should I get an agreement notarized I don't know how to fully protect myself with this.
9 As for the basement guy, well he's an unreliable witness because he has a medical marijuana card and brought it into my home? Thanks for reading!
