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Samuel II
Samuel II, Attorney at Law
Category: Family Law
Satisfied Customers: 27010
Experience:  General practice of law with emphasis in family law.
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I was accused of domestic battery. Judge ordered no contact

Customer Question

I was accused of domestic battery. Judge ordered no contact and separate residence. Wife left state for a few weeks. Why can't I live in my home while she is away? How do I petition judge to allow me to live in my own house now that it's empty? Live in Florida.
Submitted: 1 year ago.
Category: Family Law
Expert:  Samuel II replied 1 year ago.

Hello

This is Samuel and I will discuss this and provide you information in this regard.

Expert:  Samuel II replied 1 year ago.

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?

Customer: replied 1 year ago.
I assume a hearing is coming up but don't have a court date. I also assume she is coming back but don't know for sure as I am not allowed contact. She said she didn't press charges but I was arrested because she reported the incident which never occurred. I have never been in trouble with the law in 58 years. She is always in trouble with the law. This is all retaliation for a domestic battery charge I made against her 3 months ago for which she is on probation. Payback is the proper term.
Customer: replied 1 year ago.
Right now I just want to know why I have to pay $100 per night for a hotel while my house is empty?
Expert:  Samuel II replied 1 year ago.

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.

Expert:  Samuel II replied 1 year ago.

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.

Expert:  Samuel II replied 1 year ago.

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.

Expert:  Samuel II replied 1 year ago.

And allow you to live in the home until the matter of marital property is resolved in a divorce.

Customer: replied 1 year ago.
I called the Clerk and no hearing has been scheduled. I am contemplating calling the States Attorney directly and ask for a meeting since this is all based on a false accusation by someone with history of having done it before.
Expert:  Samuel II replied 1 year ago.

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.

Expert:  Samuel II replied 1 year ago.

Once you rate, you can always access this question in your question list for any follow up questions regarding this issue.

Thank you