This situation requires that the officer remain while the spouse who is separating removes her/his personal effects from the residence. The officers only responsibility is to insure that neither party assaults the other.
When there is a dispute as to what property may be removed, the officer will refer the persons to their private attorneys. Violation of marital property rights is a civil wrong. If one of the parties claims that a theft is being committed, the officer should explain that marital property rights are civil actions and separate ownership must be established by civil attorneys to determine whether there are grounds for a criminal complaint.
Revised July 1, 2011