Impact of a Greenwich Protective Order on Housing
In domestic violence cases, the courts issue protective orders that remain in place until the underlying criminal charges are resolved. In some cases, a protective order can force an individual out of their home. Protective orders can be difficult to comply with, but a violation constitutes an additional felony offense.
If you are subject to a protective order in Greenwich, you may have concerns about its impact on your housing situation. For sound legal advice about how to comply with a protective order, reach out to an experienced domestic violence attorney today.
What Happens if a Protective Order is Issued Against a Person who Lives with the Respondent?
The impact of a protective order on an individuals housing depends on the type of order issued. If it is a partial protective order and it only prohibits abuse, threats, and harassment, then the defendant can still go home but they would have to live together peacefully.
If it is more than a partial protective order, then the defendant would likely have to leave the home. They would not be able to live with the protected person or even be present on the property.
What if There are Children in the Home?
The presence of children in the home can complicate a defendant’s situation. If the defendant still has visitation rights and can see the children, visitation would have to occur outside of the home. The parties would have to communicate or have a court in session to be able to communicate about things like pickups, drop-offs, and visitation with the kids.
The gender of the respondent does not play a role in the court’s decision about housing during a protective order, nor does the best interests of the children.
What if an Individual Has No Other Housing Options?
If an individual has no other housing options and an order is issued against them, the court will say that they have to figure it out, unfortunately. An experienced attorney might be able to argue that there are issues with housing, and an attorney may be able to argue in favor of a less restrictive protective order.
How Does a Court Determine Who Remains in the Home?
The court only considers whether there is a safety risk of the two parties living together. As far as who has the right to the home, the criminal court will unfortunately not look at whose name is on the deed, whose name is on the lease, or who has been there longer. They will only look at whether the victim needs a residential stay-away order for protection and safety purposes.
Impact of a Protective Order on Future Cases
There are instances in which a protective order will come up in a future civil case or future family case. It is important in criminal court for the attorney to argue for the least burdensome protective order possible and attempt to resolve the case as quickly as possible.
Reach Out to a Greenwich Protective Order Attorney
If you are concerned about the impact of your protective order on your housing situation, reach out to an experience Greenwich attorney. A skilled lawyer may be able to negotiate for less restrictive terms or work to resolve your underlying charges as quickly as possible. Call Mark Sherman Law for a consultation.