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

Asked over 1 year ago - 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. Mary Katherine Brown

    Pro

    Contributor Level 20

    1

    Lawyer agrees

    4

    Answered . 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: marykatherinebrown@... more
  2. Howard A. Schwartz

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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: Brooklynlaw.net Phone #: 718-208-6094... more
  3. Eric Edward Rothstein

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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... more
  4. Joseph A Lo Piccolo

    Contributor Level 20

    2

    Lawyers agree

    Answered . 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)
    Jlopiccolo@hbclaw.net

    I am a criminal defense attorney practicing in Nassau, Suffolk and New York City. The above information is not a... more

Can't find what you're looking for? Ask a Lawyer

Get free answers from experienced attorneys.

 

Ask now

28,608 answers this week

3,078 attorneys answering

Ask a Lawyer

Get answers from top-rated lawyers.

  • It's FREE
  • It's easy
  • It's anonymous

28,608 answers this week

3,078 attorneys answering