DearCustomer- Unless he has filed for a restraining order you are within your rights to return to the marital residence. You should be careful not to create any type of physical conflict if you go there so that you cannot be charged with domestic violence. Also, if he should file for a restraining order against you before you return then you would have to abide by the order of the court.
It would appear that he has made his wishes known to you so you have to be careful not to create any type of situation where you could be arrested. Simply going back is not a crime.
David Kennett - JD - Attorney at Law
Well an email is something that can be deleted easily and does not have to be read however if he has requested that you stop sending them then I would stop. There's no point in leaving yourself open to him filing a harassment charge, even if it has no merit. If you just keep send them I suppose he could easily use a spam filter or some other method to keep them off his computer.
From a practical standpoint I just don't see that it does you any good to send emails to someone who has asked you to stop. Of course you are out of state so he would have to file the charges where you live and come there to testify. Anytime you do something to someone that they do not want or ask for you are leaving yourself open for trouble. You are technically still his wife so you have a right to communicate there is a court order so I don't think you can be convicted of any crime for the emails.
Once there is a court order then you must stop.
DISCLAIMER: Answers from Experts on JustAnswer are not substitutes for the advice of an attorney. JustAnswer is a public forum and questions and responses are not private or confidential or protected by the attorney-client privilege. The Expert above is not your attorney, and the response above is not legal advice. You should not read this response to propose specific action or address specific circumstances, but only to give you a sense of general principles of law that might affect the situation you describe. Application of these general principles to particular circumstances must be done by a lawyer who has spoken with you in confidence, learned all relevant information, and explored various options. Before acting on these general principles, you should hire a lawyer licensed to practice law in the jurisdiction to which your question pertains.
The responses above are from individual Experts, not JustAnswer. The site and services are provided “as is”. To view the verified credential of an Expert, click on the “Verified” symbol in the Expert’s profile. This site is not for emergency questions which should be directed immediately by telephone or in-person to qualified professionals. Please carefully read the Terms of Service (last updated February 8, 2012).