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I have an order of protection against my husband can I live with him?

Brooklyn, NY |

My husband was arrested cuz of slapping me and I have an order if protection but I want to live with him so can I do that?

Attorney Answers 4

  1. Not it it is a full, stay away order of protection. The defendant can be re-arrested on felony charges if found with you. You should speak to his lawyer or hire a lawyer of your own to try and change the order to a limited one. Good luck.

    I have been a criminal attorney in New York for almost 25 years. website: Phone #: 718-208-6094 email: This answer is only for informational purposes and is not meant as legal advice.

  2. Is it a full or limited order? This is a classic case of arrest regret. There isn't much you can do except speak to his lawyer and the DA. Don't be surprised if the DA isn't helpful as they will assume you are a battered spouse.

    I am a former federal and State prosecutor and have been doing criminal defense work for over 16 years. I was named to the Super Lawyers list as one of the top attorneys in New York for 2012 and 2013. No more than 5 percent of the lawyers in the state are selected by Super Lawyers. Martindale-Hubbell has given me its highest rating - AV Preeminent - in the areas of Criminal Law, Personal Injury, and Litigation. According to Martindale-Hubbell”AV Preeminent is a significant rating accomplishment - a testament to the fact that a lawyer's peers rank him or her at the highest level of professional excellence." Fewer than 8% of attorneys achieve an AV Preeminent rating. I also have the highest ranking – “superb” – on Avvo. The above answer, and any follow up comments or emails is for informational purposes only and not meant as legal advice.

  3. If it's a stay away order of protection, then no.

    Joseph A. Lo Piccolo, Esq.
    Past President, Criminal Courts Bar Association
    Hession Bekoff & Lo Piccolo
    1103 Stewart Ave, Suite 200
    Garden City, NY 11530
    516-408-3666 (o) / 516-408-3833 (f)

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a substitution for a meeting whereas all potential legal issues can be discussed.

  4. It depends upon the type of order and the type of living arrangement. If it is a full "stay away" order you certainly cannot live in the same rooms, using the same entrance/exit. If you have a house with a basement or other separate rooms with separate entrance, then maybe. That said, your husband would be foolish to take the chance of being anywhere near you without witnesses that he did not violate the "stay away" order. If it is not a "stay away" and living together does not otherwise violate the terms of the order, then sure, you can live together as long as you can both behave. Good luck!

    Ms. Brown may be reached at 718-878-6886 during regular business hours, or anytime by email at: All of Ms. Brown's responses to questions posted on AVVO are intended as general information based upon the facts stated in the question, and are provided for educational purposes of the public, not any specific individual, and her response to the question above is not legal advice and it does not create an attorney-client relationship. Ms. Brown is licensed to practice law in New York. If you would like to obtain specific legal advice about this issue, you must contact an attorney who is licensed to practice law in your state.