Legal Question in Criminal Law in Minnesota

5th deg domestic want to get back in my home when other party moves

Can I get an attorney just to file a motion for me to be able to get back in to my home? The ex is moving out today and I have a no contact order but once she's out I want back in, after all I'm paying for the apartment not her.


Asked on 11/01/06, 3:31 pm

1 Answer from Attorneys

Thomas C. Gallagher Gallagher Criminal Defense

Re: 5th deg domestic want to get back in my home when other party moves

If you are charged with misdemeanor domestic assault, and the court has made a "no contact" condition of pretrial release, then it is up to you to follow the terms of the "no contact" condition. If the "no contact" condition says to stay away from a person only, then moving back into the apartment he or she has vacated should not be a problem. If, however, it says you must stay away from that address, then you must, at least until you can get the court to change it.

I typically help client with issues like this as part of my representation of them in the criminal case. It is unlikely you could hire a lawyer to just do that one thing, since to do so the lawyer would have to file a "Certificate of Representation" with the court, and would be to a certain extent "stuck" representing the client on the case, as far as the court is concerned. No lawyer with any experience or skill would be willing to do that.

Considering the serious, permanent consequences of having a conviction like this on your record, you would be well advised to retain a good lawyer. Your lawyer could then help getting the "no contact" condition amended.

Call me if you would like to discuss retaining me to help you.

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Answered on 11/01/06, 4:34 pm


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