When Can I Get Back In My House After Domestic Assault Charges?

At Kruse Law Firm, we understand the complex and emotional turmoil that accompany domestic assault charges. One of the most pressing concerns for individuals facing these charges is understanding their rights and options regarding returning to their home, especially when bail conditions prohibit contact with the alleged victim and returning to the shared residence.

Understanding Bail Conditions

Upon being charged with domestic assault, several bail conditions are typically imposed to ensure the safety of all parties involved. These conditions always  include:

• Prohibitions against attending the matrimonial or shared home.
• Restrictions on communicating with the alleged victim, whether it’s a spouse, partner, or significant other.

The Path Back Home

Many clients express a desire to return home, often citing ownership of the property as a basis for their request. However, the legal reality surrounding this issue is complex:

• Pleading Guilty: Returning home is not a straightforward process and generally requires a guilty plea or a trial verdict. Even then, re-entry into the home is contingent upon the alleged victim’s consent, unless you win your trial. 
• Revocable Consent:  The victim may decide  to allow the accused back into the home after they plead guilty and are sentenced.  However, this agreement, known as a revocable consent, must be specifically approved by a judge.
• Trial Verdict: The alternative path home is through acquittal at trial, where a not guilty verdict removes the bail conditions related to home occupancy.

Before Trial or Guilty Plea

Before a trial or guilty plea, returning home is possible only under rare circumstances:

• The alleged victim agrees to leave the home and communicates this decision to the Crown Attorney.
• An application is  then made to vary the bail terms, allowing the accused to return home. However, this scenario is uncommon as most spouses or significant others choose to remain in the residence.  If an alleged victim of domestic assault chooses to remain in his or her home while the accused’s charges are pending, the accused will not be allowed to return to their home or communicate with their spouse or significant other during the period of time that their criminal charges are before the court.

Conclusion

The journey back home for someone charged with domestic assault comes with many legal and emotional challenges. The process is governed by strict legal conditions designed to protect all involved parties. Understanding these conditions and navigating them effectively requires professional legal guidance.

Seek Professional Guidance

Our team of experienced legal professionals focuses on defending criminal law charges only.  We offer  the support, guidance and expertise needed to navigate these difficult times.

Contact us today for a free, confidential consultation. Let our expertise guide you through your legal journey and help you understand your rights and options.

Video Transcription:

Our firm represents a lot of individuals who are charged with domestic assault. Now when you are charged with a domestic assault there’s various conditions that are going to be put upon bail terms and some of those terms are going to include not to attend at your matrimonial home where you live with your wife or husband. They are going to include not to communicate with her.Now the first question that people often ask us is “how can I get back into the house? I own the house. My wife doesn’t own the house. My husband doesn’t own the house. I am the owner” for example. “What can I do?” The short answer to that is you are not going to be able to get back into that house unless and until you plead guilty A and B if you plead guilty that the alleged victim agrees to allow you back. That’s called revocable consent which the Judge would have to agree to or you’re found not guilty at the trial. The only way you’re going back to that house pending your trial, that is before your trial or guilty plea, is if your wife or spouse or significant other agrees to leave, tells the Crown Attorney that and then potentially you could bring an application to vary the bail terms but that situation rarely happens. Most spouses are going to stay in the house. You’re not getting back in there unless and until you deal with that case and even then only if your spouse or significant other agrees to allow you back into the home.