Legal Question in Family Law in Mississippi

Do I have to stay out of the house?

I left the house approx 3 wks ago after a domestic incident in which my husband made a citizen's arrest and took my keys from me. I would like to go back in the house while the divorce is pending, to keep my kids together. Can he keep me from coming back, legally?


Asked on 1/28/02, 9:19 pm

2 Answers from Attorneys

Jeffrey Padgett Padgett Law Firm, pllc

Re: Do I have to stay out of the house?

Unless there is a restraining order prohibiting you from coming in or around the house, then you would have a right to return assuming you are on the lease or mortgage. It appears that you are in dire need of a counselor though. Check your local listings for a good one, or call me and I may can locate one for you.

Jeff Padgett

662-563-9625

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Answered on 1/29/02, 11:54 am
Albert Pettigrew Law Offices Ph 228-875-8736

Re: Do I have to stay out of the house?

This response is not confidential and is based solely on the facts presented in your email. Also, it is not based on any supporting examination of the law. Instead, this response is based on my general experience, and resulting opinions. No attorney-client relationship is formed by this response.

Turning to your question, if a judge ordered you to stay out of the house, you risk being found in contempt of court if you violate the order. If you are not restrained by a court order, the best action would be to ask the court for an order giving you use of the home. If you decide to not seek such an order, you will be engaging in "self help." In that case, you should guard against causing a disturbance of the peace when you return. If the police are called, they will probably not require you to leave, if your name is on the deed or the lease. In any case you should retain the assistance of a counselor.

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Answered on 1/28/02, 11:49 pm


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