Can someone who is disabled be told by police to stay away from his house?
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Can someone who is disabled be told by police to stay away from his house?
A friend rents a room to his stepmom who he got in a fight with. She was hitting him in the head and pushed her down. He has a brain injury and is disabled on on disability. Can he be put out on the streets, has no where to go. If so, what’s his next step? The court date is not for another 10 days.
Asked on July 18, 2019 under Criminal Law, Kentucky
Answers:
SJZ, Member, New York Bar / FreeAdvice Contributing Attorney
Answered 4 years ago | Contributor
The *police* cannot order someone to not go into their own home: they do not have the legal authoritity to exclude or bar someone from that person's own property. Only if there is an actual court order (such as a restraining order or protective order) requiring him to stay away would he not be allowed into his own house...and yes, a restraining order can legally bar you from your own property, though you can challenge it in court; and being disabled does make you exempt from court orders.
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