Restraining Order


#1

Can my wife return to the family home when her restraining order expires? She will have been gone 10 months.


#2

No, once a spouse maintains a separate household, they no longer have the right to simply return to the marital residence. If she does, she can be arrested for domestic criminal trespass.


#3

Even though it wasn’t her decision to set up a separate residence? She had no choice in the matter.


#4

My wife is under a restraining order and is not allowed to come to the home. A sheriff had contacted me about 2 months ago concerning my wife retrieving her personal belongings. A date and time was set up however they didn’t show up. What can I do with her things? I want to move on but she has so much stuff (lots of it is junk) in the house taking up space.


#5

My wife has either come to the house or either sent someone to the house to take one of the vehicles from the driveway. The title has her name on it. I came home early one morning to notice the car had been removed. Is that allowed? Shouldn’t an officer be involved? Shouldn’t I be contacted and informed of any attempt at retrieving any property from the home? Is it a violation of the protective order to send someone to the residence without my knowledge or agreement?


#6

If the protective order did not involve the 3rd party that removed the car, then there was no violation of the order. If the 3rd party came onto your property without your permission, there may be some criminal charge you could take out, but since it doesn’t sound like you know who the person is, it would be difficult for you to bring the charge. As for her belongings, I would not advise you to get rid of them. If she brings an equitable distribution claim, the items you destroy or throw away may be attributed to you when the property is divided.