While ordered to vacate the premises, do I continue to pay rent?

UPDATED: Jan 3, 2012

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While ordered to vacate the premises, do I continue to pay rent?

I was recently accused of domestic violence against my wife. The protection order demands that I vacate the premises, which I have done. While there is no current lease (signed a 1 year lease over 3 years ago), am I obligated to use my income to pay the rent on the apartment while my wife lives there? With her income level, I doubt she will be able to handle the bills potentially resulting in eviction. I also do not know if this constitutes harassment or retaliation.

Asked on January 3, 2012 under Criminal Law, Colorado


FreeAdvice Contributing Attorney / FreeAdvice Contributing Attorney

Answered 11 years ago | Contributor

If your wife is still residing in the rental that you and she occupied before the protective order was issued against you, it is probably a wise idea to continue paying the rent while you are not residing in the unit while your wife is there. It is important that you maintain the status quo before the domestic violence issue came to fruition.

However, before you make a decision one way or another about the rental payment, I suggest that you consult with a criminal defense attorney about it and the best way to try and resolve the domestic issue with your wife and the district attorney's office.

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