Darien Protective Orders’ Impact on Housing
After an alleged domestic violence incident, the court will often automatically issue a residential stay-away protective order. The court determines who has the right to the home by determining who the other party is in the case. The court always allows the other person the right to remain in the home, and the person who has the restraining order filed against them has to leave.
Because Darien protective orders’ impact on housing is so significant to a person’s life, anyone involved should contact a top protective order attorney as soon as possible. An attorney could explain your situation and work towards a resolution on your behalf.
Effects of a Protective Order
If a protective order is issued against an individual who lives with the respondent, the respondent would be forced to leave the home and relocate while the protective order is pending. In a family violence case, for example, it could be up to a year or until the protective order is modified to allow the respondent to return home.
The gender of the respondent does not typically play a role in the court’s decision about how they are enduring the protective order. The protected party is typically the party who gains the right to remain in the residence, regardless of gender.
Even if the deed of the home is in the respondent’s name and a residential stay-away is put into place, the respondent still has to leave the home if the petitioner primarily lives at the residence.
How Children Complicate a Protective Order Situation
The presence of children in the home might complicate a protective order. If a person is forced to leave their home, then they would not have the opportunity to see their children in the home. However, a person might still have rights to custody or visitation with the children as long as it does not occur in the home. It gets complicated when they have to pick up their kids or drop off their kids if they are not allowed to go into the residence. They typically have to do the pickup or drop off at a different location.
The best interest of the child plays a role, but the other party is always awarded primary residence after a protective order is issued. Depending on the family situation, the parties could work out a different living arrangement to serve the best interest of the children. The other person might choose to move out the home if the children need to remain in the home with whoever the primary caregiver is at that time.
What if an Individual has no Other Housing Options?
If an individual has no other housing options and an order is issued against them that requires them to leave their home, the only way to get back into the home is to motion the court to modify the protective order. This typically may not be done for about a month after the arraignment date. The person has to make other arrangements until the protective order is modified.
Let a Darien Protective Orders Attorney Advocate for You
If you are concerned about a Darien protective order’s impact on housing, speak with a knowledgeable domestic violence attorney. A lawyer could answer your questions and explain your options for moving forward. Call today to schedule a consultation.