Does a Domestic Violence Arrest Mean I Cannot Go Home?

 Posted on July 09, 2024 in Criminal Defense

When someone is arrested for corporal injury to a spouse or cohabitant, one of the first things that happens is that an Order of Protection is automatically issued. A criminal Order of Protection requires the accused offender to stay away from and refrain from contacting the victim. If you and the alleged domestic violence victim lived together, this usually means that you cannot return to your home. This can leave you in an extremely difficult position. Before you are released from jail on bond, you will need to tell the court where you will be staying, and that cannot be your home address. This means that you will need to very quickly find alternate living arrangements. A San Jose domestic violence lawyer can help you navigate the requirements of the protection order while preparing to defend you against your domestic battery charges.

What if the Home is in My Name Only? 

Your spouse or romantic partner might be living with you in a house you solely own or an apartment that is leased in your name. While legally, you retain sole ownership rights to the home, this fact will not help you regain access to the place where you live right now. The criminal court does not care whose name the home is in, only who actually lives there. This means that for now, you have no choice but to let your spouse, boyfriend, or girlfriend stay in the home you both lived in while you find somewhere else to stay.

How Can I Get My Belongings Back? 

You will be allowed to briefly return to your home to collect the basic necessities you need once you are released from jail. You will need to arrange a time when the police can escort you to the residence and supervise while you collect your things. This is not moving day - you cannot start loading furniture or appliances onto a truck or packing up the kitchen. You will have about 15 minutes to pack a suitcase with your clothes, toiletries, and a few personal belongings.

What if We Have Children Together? 

The criminal court may or may not include your children in the Order of Protection. Do not attempt to pick up your children or remove them from the other parent’s custody without clearing it with your criminal defense attorney. You may need permission from both a criminal and family law court.

Contact a Santa Clara County, CA Domestic Violence Lawyer 

Fuller Law Firm is highly knowledgeable when it comes to guiding domestic violence defendants through their proceedings. Experienced San Jose County, CA domestic battery attorney Cory Fuller is a native of Santa Clara County and understands the needs of local residents who are struggling with the justice system. Contact us at 408-234-7563 for a complimentary consultation.