Can I enter my residence or call my husband with a “no physical contact” order due to pending charges?

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Can I enter my residence or call my husband with a “no physical contact” order due to pending charges?

I have pending criminal charges against me regarding my husband. After I was released from jail the commisioner stated “no physical contact”. Does this allow me legally to call or even go to my house that we have together? The temporary protective order was denied due to having no statuatory basis for relief. I just want to make sure that he cannot call the police and have me arrested for going to the home and/or calling him regarding our children together.

Asked on May 8, 2012 under Criminal Law, Maryland

Answers:

Victor Varga

Answered 9 years ago | Contributor

As the temporary protective order was denied, there is nothing prohibiting you from doing what you state you want to do.  The Commissioner was likely just giving you some sound advice to have no physical contact with your husband (which would be grounds for the granting of a protective order).  Because there is no protective order in place, you can come and go as you please.  To avoid any issues like this in the future, you should have someone with you at all times whenever you are around your husband (or in the home).  A witness in this type of case is extremely important to protect you from false accusations.


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