I’m a wife whom has been charged with these charges against my husband and have been ordered to leave my home with my 2 kids. Can I Regain entry

My husband hit me in a depute we were have out of reflex and instinct I hit back not realizing I had my keys in my hands and it cut him in the eye he then called the police took my cellphone to do so so I tried to call my mother on the house phone which he pull out of the wall he wouldn’t give it to me so I picked up a safe that was on the floor by the phone area in pretend attempt to hit him to hit which would be very hard to do being that it is to heavy for me to pick up and swing at a 6’4′ man.

Asked on June 26, 2009 under Criminal Law, Michigan

Answers:

M.S., Member, Connecticut Bar / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

Although I do not practice law in the State of Michigan, it sounds like, based upon the facts that you have provided, that the Judge has either issued a protective order, which prevents you from entering your home, or made that a condition of your bond, or both.  It is very important that you abide by any conditions/orders that the Judge has set forth.  An attorney may be able to file a motion (or motions) to request the Judge to modify or otherwise reconsider the current orders and/or conditions of bond, especially if you are able to demonstrate a valid self-defense claim.  Moreover, given the potential severity of these charges (and the fact that they could potentially have a long-standing effect on your access to your children) in addition to your short-term need to reenter your home, I highly recommend that you consult with and/or retain a criminal defense attorney with respect to this matter in the interest of obtaining the most favorable result possible.


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