Q: Why my husband came with the police in the house if I did not ask for an order protection
My husband and I have a fight,I call the police because he was agresive with me and stole my phone ,next day someone from the station came to our home to tell me that he’s free to came back home anytime he want if I don’t ask for a protection order,I did not ask for a protection order because we have a baby so I wanted that he sees his father who maintains the house,in the afternoon he came back home with police civil standing to pick up his belongings and the police tell me that we can’t talk to each other and only with his lawyer,he’s allowed to take his son when the lawyer calls me ,what means that I did not put an order of protection against him
A:
If your husband returned with the police without a protection order in place, it may have been for a few reasons. Firstly, the police may ensure that the situation remains peaceful and safe for all involved while he collects his belongings, especially following a reported incident. It’s standard in many jurisdictions for police to accompany someone to prevent any further confrontations or issues.
Since you didn't request a protection order, your husband legally retains the right to enter the house, unless the court states otherwise. The officers present likely were there to monitor the situation, ensuring that no further aggressive behavior occurs during the interaction. The restrictions on communication they mentioned might be temporary measures to keep peace until legal or family mediation processes are in place, especially in situations where there was a conflict.
Regarding your child, the police mentioned that your husband could see his son when his lawyer contacts you, which indicates that any visitation or custody matters may need to be resolved legally. It would be wise to consult with a legal advisor to understand your rights and responsibilities in this situation fully and to ensure the well-being and safety of you and your child. They can provide guidance on how to proceed with or without a protection order and what steps you can take to address custody and visitation safely.
1 user found this answer helpful
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
