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Lucy, Esq.
Lucy, Esq., Lawyer
Category: Criminal Law
Satisfied Customers: 27199
Experience:  Criminal Justice Degree, JD with Criminal Law Concentration. Worked for the DA and U.S. Attorney.
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my husband is supposed to do 30 days of home detention. He

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my husband is supposed to do 30 days of home detention. He went to intake today and was told that because I filed a police report for domestic violence on him a almost two years ago that he could not use our residence. They told him that one of us has to move out or he has to do 29 days in jail. How can this be done if I never even pressed charges on him?

My name is XXXXX XXXXX I'd be happy to answer your questions today. I'm sorry to hear that this happened.

When a person files domestic violence charges against someone else, the DA will often impose an automatic restraining order on behalf of the victim. Filing a police report is pressing charges - at that point, whether to proceed is out of the victim's hands. You may want to ask the police if the case was referred to DA (and if so, to whom). Also check to see if the court has a restraining order in your name.

If the judge will not allow him to do home detention at your residence with you present because of the previous police report, to avoid going to jail, one of you unfortunately will have to find another place to use as a residence until he sees if there is a way to get this resolved. That may mean staying with friends or family members for at least a few days. You may want to be prepared for the possibility that this condition will not be lifted and that the only way for him to avoid spending a month in jail is for one of you to stay somewhere else for that time.

If you have any questions or concerns about what I've written, please reply so that I may address them. It's important to me that you are 100% satisfied with the service I provide. Otherwise, please rate my service positively so that I get credit for answering your question. Thank you.
Customer: replied 3 years ago.

We moved to Indiana alone. We don't have friends or family that we could live with for a month or so. Are there any loopholes or other ways to get around this?

Does he have extra time to report for home detention? You might not be able to get it resolved today. You may want to see if there are any hotels in the area with cheap weekly rates as a temporary solution.

You'll need to see if there is a restraining order that you didn't know about and if there's a way to get it dismissed. Otherwise, he could try to file an emergency petition to get an order from the judge allowing him to use his current residence for home detention. If he had a lawyer help him with the original case, he may want to call him as soon as possible to see if there is anything else he can do.

Customer: replied 3 years ago.

Yes, they extended it out to October 4, 2013 to give him time to figure it out. So you're suggesting that I contact local law enforcement to find out where this report is, if it is with the DA, and after finding that out I need to see if the DA can get whatever this restriction is removed?

That's good.

First, find out if there's actually a restraining order entered on your behalf without your knowledge. If so, ask the DA if there is a way to have it dismissed. That's something you'd want to know anyway, because he could be in trouble for living with you and neither of you would know it. If there isn't an order, then he can file a Motion in the Criminal Court seeking permission to do the home detention in your marital home. The fact that he was not convicted of the original domestic violence charge will help, and if there is literally no other place either of you could go, that may also help.
Customer: replied 3 years ago.

Thank you so much. I really appreciate your time and all of the information that you have supplied.

You're welcome. I hope it all works out. Have a good day, and good luck.
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Customer: replied 3 years ago.

The attorney that he has on the case is saying that there is nothing that can be done. He is saying that there is no such motion that can be filed for the judge to allow my spouse to use our marital home for home detention purposes.

It is possible to file a Motion to Modify Sentence. There are no guarantees that it will be allowed, but that is essentially the only option if neither of you has anywhere else to go and he doesn't want to go to jail.

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