Would it be possible for an abused spouse or children to remain in their home?

In a situation where an abusive spouse was arrested it would probably be safe to remain in the home. At first court appearance by the accused, the abused party could seek an order requiring the abusing spouse to keep away from the home and from family members as any condition of release pending trial of charges.

The information on this page is meant to provide a general overview of the law. The laws in your state and/or city may deviate significantly from those described here. If you have specific questions related to your situation you should speak with a local attorney.

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