Legal Question in Criminal Law in Missouri

In state of Mo if spouse arrested for domestic assault but not convicted and wants to go to his apartment but his spouse is there and won't leave. Her name isn't on lease and never received mail there. What are the rights of the accused

Asked on 12/15/16, 6:55 pm

1 Answer from Attorneys

Michael R. Nack Michael R. Nack, Attorney at Law

If there is no restraining order in place, you have the legal right to the apartment. You should call the local police, show them the lease and have them meet you at the apartment to "keep the peace" while you evict her. Without your consent to her living there she is a trespasser. You may need to get a restraining order against her after the eviction. Good luck!

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Answered on 12/27/16, 7:20 pm

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