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Thanks for your response! It was very helpful. I don't know what you mean by the "first sticky on this.."
Could you please explain?
Thanks again!
If you go to the listing of this forum's threads you'll find the "stickies" at the top of the list. They're informative threads on all the CD forums which stay at the top of the page. They're called "stickies" because they don't move!
is it burglary if your living in home and your food stamps are for you at this address, boyfriend flips out and tries to kill you, goes to jail but puts a padlock on door, so you break it off and take your clothes and leave, thats all you take but he has his mother report that other things like a computer and a tv are also gone, how do you prove you did not take them
is it burglary if your living in home and your food stamps are for you at this address, boyfriend flips out and tries to kill you, goes to jail but puts a padlock on door, so you break it off and take your clothes and leave, thats all you take but he has his mother report that other things like a computer and a tv are also gone, how do you prove you did not take them
See post number 13, read it carefully, as well as the rest of this preceding thread.
It is not a burglary to break into a place where you have been living in order to retrieve your own possessions. It was probably illegal for your BF to lock you out without going through the proper eviction notification and procedure required in your state to formally terminate your residence there. It could be a theft if you took things that did not belong to you, but you can't prove a negative. i.e. you cannot prove you did not do something, the obligation to prove you took something is on the accuser.
Actually, you CAN break in where a landlord does an illegal lockout, because of the fact that one may use the reasonable force necessary to maintain possession of property that they are entitled to possess, and absent an eviction, one has an absolute right in the common law to possession of a rental unit. The only exception in this particular case would be a statute that permits a lockout. Otherwise, entering to do an illegal act could be construed as burglary and criminal conversion of the property inside the premises, especially if the landlord illegally removes property.
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