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HelloThis is Samuel and I will discuss this and provide you information in this regard.
To be clear Your spouse is only away for a few weeks? And the order has been made permanent by the court? Or do you have a hearing coming up?
Thank you.I suggest first you should check with the clerk of the court and see when that hearing is. If you miss it, the order can be made permanent in default of your appearance. Unfortunately, on a temp order such as this, there is no recourse to petition the court. The recourse is to appear at the hearing and show the court that you are not a threat to your spouse.
And so at the hearing on this temporary order, you can show the court that you are not a threat, never been a threat and that you should be allowed to return to your home. I suggest, that because of the seriousness of the accusations, you will want to consider consulting with a local attorney to be present with you at that hearing.
At this time, if you enter the home, your wife can have you arrested for violation of the current order.Now, if the Order was a permanent one and your wife has vacated the home, then you could file to have the order Terminated.
And allow you to live in the home until the matter of marital property is resolved in a divorce.
Thank you.Remember that anything you say to the State's Attorney can and will be used against you. So I suggest if you are going to speak directly to the prosecutor you consider having a local attorney present to represent your interests.Good luck. Thanking you in advance for a positive rating.
Once you rate, you can always access this question in your question list for any follow up questions regarding this issue.Thank you