Results 1 to 10 of 11

Hybrid View

  1. #1
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Legal Entry to Your Own House After Restraining Order Expires

    I also agree, but, it also depends on whether or not the restrained party has taken up residence elsewhere. If this order was dropped at the initial court date (say, two or three weeks after it was issued) I'd say it's more likely that he could claim residency still. But, if this order was dropped after a few years, I'd think that residency would clearly be an issue and thus his entry might well be governed under landlord or other law rather than the rights of a resident. We deal with this out here a lot and a lot will depend on the length of the order and whether the restrained party has actually established himself elsewhere on a permanent basis. If he has - or arguably so - we will often tend to enforce the occupant's prohibition against entry and if the formerly restrained party forces entry and she is willing to sign a citizen's arrest, he will generally go to jail.

    But, it all depends on the totality of the circumstances.

  2. #2
    Join Date
    Oct 2014
    Posts
    8,238

    Default Re: Legal Entry to Your Own House After Restraining Order Expires

    Quote Quoting cdwjava
    View Post
    I also agree, but, it also depends on whether or not the restrained party has taken up residence elsewhere.
    Whether or not he’s taken up residence elsewhere does not matter, at least not in any state I’m familiar with. The rights of an owner to the property do not depend on whether or not he or she resides on the property. Let’s suppose Fred and George co-own Blackacre and George has not lived on Blackacre for the last 10 years. But he now wants to live there. As a co-owner of the property, he has a right of possession and has the right to move in and live there, even if Fred doesn’t want him there. The exception would be, of course, if Fred had a court order barring George from the property.

  3. #3
    Join Date
    Sep 2005
    Location
    California
    Posts
    20,594

    Default Re: Legal Entry to Your Own House After Restraining Order Expires

    Quote Quoting Taxing Matters
    View Post
    Whether or not he’s taken up residence elsewhere does not matter, at least not in any state I’m familiar with. The rights of an owner to the property do not depend on whether or not he or she resides on the property. Let’s suppose Fred and George co-own Blackacre and George has not lived on Blackacre for the last 10 years. But he now wants to live there. As a co-owner of the property, he has a right of possession and has the right to move in and live there, even if Fred doesn’t want him there. The exception would be, of course, if Fred had a court order barring George from the property.
    An owner does not have rights of entry merely because he is an owner. How it might end up in court can be different than how it will end up when/if the resident calls and says her estranged hubby/boyfriend just showed up at the house and forced entry when he hasn't lived there for three years.

    The totality of the circumstances will matter - as will the willingness of the resident to sigh a C/A.

    1. Sponsored Links
       

Similar Threads

  1. Modification: After a Restraining Order Expires Can It Be Renewed or is a New One Required
    By matt4200 in forum Orders of Protection
    Replies: 7
    Last Post: 01-28-2013, 06:12 PM
  2. Termination: Contact After Restraining Order Expires
    By swilson3828 in forum Orders of Protection
    Replies: 2
    Last Post: 10-07-2012, 11:39 AM
  3. Modification: Return of Personal Items, Getting a Restraining Order Removed
    By jtummine in forum Orders of Protection
    Replies: 1
    Last Post: 11-22-2011, 07:22 AM
  4. Assault & Battery: Can You Still Be Punishsed for Violating a Restraining Order After it Expires
    By mattsweet518 in forum Criminal Charges
    Replies: 13
    Last Post: 04-17-2011, 05:18 PM
  5. Probation and Parole: Legally Forbidden from a Lover Without a Restraining Order
    By Antisanta in forum Probation, Parole and Incarceration
    Replies: 3
    Last Post: 02-28-2010, 10:45 AM
 
 
Sponsored Links

Legal Help, Information and Resources