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.