Can a Domestic Violence Arrest Affect Where You Are Allowed to Live in Bakersfield?

One of the most disruptive consequences of a domestic violence arrest can occur almost immediately:

You may not be allowed to go home.

For someone who owns the house, pays the rent, keeps all their belongings there, or has children living at the residence, that can be difficult to understand.

But a court order may restrict where you can go while a domestic violence case is pending.

A protective order may require you to stay away

After a domestic violence arrest, a court may issue a criminal protective order.

Depending on its terms, the order may require the accused person to stay away from:

• The alleged victim
• A shared residence
• A workplace
• Other specified locations

The exact restrictions depend on the order.

Owning or renting the home does not necessarily override the order

People sometimes assume:

“It's my house, so they can't keep me out.”

But ownership or a lease does not necessarily give you the right to enter a residence when a court order requires you to stay away.

Even if your name is the only name on the lease or deed, violating the order may create additional legal problems.

What about your clothes, medication, and other belongings?

Being ordered away from your home can create immediate practical problems.

You may need access to:

• Clothing
• Medication
• Work equipment
• Identification
• Financial documents
• Personal property

Do not simply return to the residence to retrieve those items if the order prohibits you from going there.

An attorney may be able to help determine what lawful options are available for retrieving necessary belongings.

What if the protected person invites you back?

This is an especially dangerous situation.

The alleged victim may call, text, or tell you that it is fine to come home.

But the protected person generally does not have the authority to cancel a court order.

If the order says you must stay away, relying on the other person's invitation can expose you to allegations that you violated the order.

Housing restrictions may also affect contact with children

If children live at the residence, being ordered to stay away from the home can create additional complications.

Separate protective or custody orders may govern whether and how you can have contact with your children.

Do not assume that parental status automatically permits you to enter a prohibited residence.

The order can potentially be changed

A protective order is a court order.

If its terms need to be modified, the proper approach is to ask the court for a change rather than ignoring the existing restrictions.

Until the court changes the order, comply with it exactly.

What you should do now

If a domestic violence arrest prevents you from returning home:

1. Read the protective order carefully.
2. Identify every person and location covered by it.
3. Do not return home simply because the other person invites you back.
4. Ask your attorney how you can lawfully retrieve essential belongings.
5. Speak with a domestic violence lawyer about whether the order can be modified.

Violating a protective order can turn an already difficult criminal case into a more serious legal problem.

Speak with a Bakersfield domestic violence lawyer today

If you are facing domestic violence charges in Bakersfield, Martens Law Firm can review the protective order, explain your legal options, and help protect your rights.

📞 Call (661) 590-0385 for a free consultation.

Written by Martens Law Firm