My question involves restraining orders in the State of: Washington. Washington state is a community property state, so the husband and wife both own half the property.
Here's the situation. Our neighbor put a restraining order out on her husband which is going to be up in January. He held the family at gun point and was threatening to kill them and himself. During her husbands absence she has started an adulterous relationship with another neighbor (she is still married - neighbor is not). This is a complication but I'm not sure if it has anything to do with the legality between the husband and wife.
The question is that since her husband is still half owner of the house, when his restraining order is up, does that mean he can move back in? What are the rights of both the husband and the wife? Can she legally keep him out of his own home just because she doesn't want him there anymore? Or does he have the legal right to move back in?
I also don't know if she can extend the restraining order when it expires or before it expires. Does he have to do something wrong for her to put another restraining order on him? The husband sort of terrorizes our neighborhood - so non of us want him back. We are wondering what his rights are and what are the rights of his family. This conversation has also spurred discussion about the rights of a spouse who is thrown out of their own house.