Legal Question in Criminal Law in Florida

My brother was arrested for domestic battery against me. I live with my brother and at the bail hearing the judge ordered a no contact order and told my brother that he has to stay at least 500 feet away from his house. My question is can the judge order him to stay away from his own home? My brothers lawyer told me that the judge can't do that and that my brother can come to the house with the police and have us removed from the house.


Asked on 9/09/09, 7:07 pm

1 Answer from Attorneys
Don Waggoner Don Waggoner Law, P.A.

Well, as long as you reside in the home, the judge can order him away from there or to have no contact with you. If your brother is the sole owner of the home, or a joint owner with someone other than you, he can have you evicted and reclaim his property. Essentially, the judge cannot deprive your brother of his property, but he can make him stay away from you. Your brother can go back to the home with a law enforcement officer for the purposes of retreiving any property he needs.

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Answered on 9/10/09, 7:25 am


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