QUESTION
Can I go back to live with my husband and child if I’m charged with dv and assault but the child in question doesn’t live there anymore?
Asked on Oct 13th, 2012 on Criminal Law - Montana
More details to this question:
I was served with a summons today that they charging me with dv and assault on my 14yr daughter. She doesn’t live in the home and there are no plans on her returning home. If I am convicted which I am pleading not guilty, after everything is done will I be able to return home to my husband and son?
7 ANSWERS
Steven D. Dunnings
What does the no contact provision of your bond say?
Answered on Jun 26th, 2013 at 10:26 PM
Thomas Edward Gates
Yes, but make sure the Order does not prevent you from your residence. If she does come there you would be required to lease.
Answered on Oct 16th, 2012 at 7:41 PM
Michael J. Breczinski
Probably but that will be up to the judge. Ask that person.
Answered on Oct 16th, 2012 at 7:32 PM
Bankruptcy Attorney serving Federal Way, WA
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Freeborn Law Offices P.S.
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It depends upon the court order. I hope you have an attorney.
Answered on Oct 16th, 2012 at 7:29 PM
In Colorado criminal prosecutions of this type, a mandatory protection order should exist preventing you from having contact with the child. As a condition of a bond, you would also be required to have no contact. If you just received a criminal summons, and you have not received a mandatory protection order, you should be allowed back home.
Answered on Oct 15th, 2012 at 6:22 PM
It depends on the term of your probation, which will no doubt include completion of a 52-week DV course. You should hire an attorney so that you don't get convicted of this charge. DV cases often involve a lot of he said she said, so prosecutors don't like taking them to trial. You need a lawyer who knows how to take advantage of this in court.
Answered on Oct 15th, 2012 at 6:21 PM
Litigation Attorney serving Kalispell, MT
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Law Offices of Scott G. Hilderman PC
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If you are convicted and placed on probation or spend time in prison and are placed on parole, you will have certain conditions of probation/parole, those will determine whether you may live in the house.
Answered on Oct 15th, 2012 at 6:20 PM