PT3M30S
“So the question is, how do you get access to your things, because clearly, if you're living together, let's say your husband and wife, and you're charged, you need to be able to get things from your home, and you're not allowed to go there. Because a protection order prevents you from going home. What happens in this situation is judges will issue a keep the peace order in court, you may hear lawyers refer to it as a case to keep the peace order is basically an order that the judge gives you saying, okay, take this to law enforcement. And this order will allow you to act as your house for a very limited amount of time, generally, you have about 15 minutes. So the way that you do this is if you get to keep the peace order, you go to the law enforcement agency nearest to your house, ask them for a civil assist, they're going to see that keep the peace order law enforcement, one or two members of law enforcement will accompany to your house and allow you to go into your house and collect basic essential things.”
“And you're not getting charged with a violation of a protection order, because you actually have a court order saying you're allowed to do this. And the other thing to remember is you're not allowed to take anything that isn't yours. In other words, you can't take shared items, you can't get to keep the peace order and go over the house and then 15 minutes, I don't know if it's possible, but 15 minutes, clear out the whole house, that's not allowed, you are only allowed to take what is actually yours.”
“Now, the other way that you can access your home without to keep the peace order is you can actually ask your attorney to file a motion to modify the protection order allowing you to have contact allowing you to go back home, the other party has to be okay with that they have to give input and say Yes, I'm fine with my significant other coming home.”
“The third option is if you are charged with a domestic violence case, and your significant other does not live with you, or if they have moved out of the shared residence, then you can petition the judge to go back home. Again, this is going to be something where you're going to have to show proof that the other person is not there, which is kind of difficult if you can't have contact with that person.”
“So we recommend people get their passports, get their IDs, get any important information, any passwords, keys, anything like that, that they may need, laptop computers, chargers, basic toiletries, changes of clothes, and make sure that you get in and get out and don't cause any issues whatsoever with law enforcement.”
“Number one, you only have about 15 minutes. Number two, law enforcement is there. The idea is they're there to make sure nothing happens.”
“we recommend people get their passports, get their IDs, get any important information, any passwords, keys, anything like that, that they may need, laptop computers, chargers, basic toiletries, changes of clothes, and make sure that you get in and get out and don't cause any issues whatsoever with law enforcement.”