Domestic Violence. Will I be able to live back at my place of residence?

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Domestic Violence. Will I be able to live back at my place of residence?

I do appreciate your ansers on my last question and will need to consult with an attorney. She is chargG with DV , let’s say i wil be going to court at a set time and date. Her and I are the owners of the house we live. She and I are on title and on the loan. She has not brought in any money since we bought the house. She has been trying to kick start her clothing business. Can I still come to live at my place? She still lives here alos. Will the judge usually say something otherwise? Should i huryy and try to find elsewhere to live? She said she would drop charges if I move out. Is that Fair?

Asked on July 6, 2009 under Criminal Law, California

Answers:

M.D., Member, California and New York Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

I believe based on your last post that this is your second time being charged with Domestic Violence, therefore this incident will be considered to be a repeat offense and treated as such.  On that basis the judge will probably issue a "Stay Away Order" from the victim (your wife); this will include moving out from the residence.  Additionally, if this is a second offense it will more than likely be charged as a felony.  You need to seek legal representation ASAP.  Quite frankly, even if for some reason the stay away order is not issued,  you should consider moving out and not going near her.  You don't want to put yourself in a situation for a potential third offense.  

As for the house, if her name is on the deed than she is a legal owner whether or not that she as brought in any money to help pay for it.  Absent unusual circumstances, it is considered community property and will be treated as such if either one of you files for divorce.   

But what you must first be concerned about here are the criminal charges.  In cases of spousal abuse, the victim cannot drop charges against the abuser. The Prosecutor is the only one who can drop charges because the victim is merely a witness in a government prosecution.  The Prosecutor can proceed with the criminal case even if the alleged victim decides not to go to court.

Again, I urge you to see a criminal attorney.


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