QUESTION
If I move to another state, can my husband live with us again if there is a family court restraining order stating he cannot live with us?
Asked on Oct 26th, 2021 on Domestic Violence - New York
More details to this question:
If I move to another state, could I get in trouble for allowing my husband to live with myself and my 14 year old, even though family court issued a restraining order in another state? This has been going on for a year and 10 months now, and with the pandemic, it was drawn out and the actual criminal charges were dropped down to a misdemeanor with no fines, probation, and will be dismissed by next year as long as he stays out of trouble. There is no work where we live, and at this point he has been living in an RV, and with winter coming he cannot live in the RV, but with the restraining order he cannot live with us. We just want our lives back.
1 ANSWER
You reference a criminal court case in your question but say it's a family court order so I wasn't sure whether the Full Order of Protection comes from the criminal court or family court. Either way though, you should be able to bring an application in the family court to modify the order of protection to a limited order of protection where you can be around your husband. Your husband may want to check with his probation officer though to ensure that there was no specific agreement with the DA or Probation that the order would not be modified for the duration of the probation period.
Answered on Nov 04th, 2021 at 6:25 AM