Order of Protection Ended – Can He Go Back to His House?

Question:elisabeth flemming attorney nevada

I had a stay-away order of protection brought against me by my wife. After six months, the case was resolved and the order was re-modified by the courts to a no-harassment order.

My wife still refuses to let me inside the house even though we both own it. What can I do?



While I am not licensed to practice law in your state, I can give some general guidance on this issue.

If you are both jointly titled on the home, she has no right to keep you from entering or living in the property. You would be fully within your rights to call the police to force her to let you enter the home.

However, unless you have legitimate reason for needing to enter, your wife could consider your actions to be harassment. This would depend on the language in the no-harassment order.

Therefore, if it is necessary for you to gain access to the home or live in the property, you may want to file a motion with the court. You can request exclusive possession of the marital residence or access to the home to remove property, etc.

However, prior to taking any action I recommend contacting a family law attorney in your jurisdiction to review your case to best advise you on your course of action.

Remember, I am unable to provide you with anything more than divorce tips for men, so please consult a domestic litigation attorney in your area to obtain specific advice as to the laws in your state and how they impact your potential case.

To arrange an initial consultation to discuss divorce rights for men with a Cordell & Cordell attorney, including Nevada divorce lawyer Elisabeth Flemming, contact Cordell & Cordell. 

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