will my son has the right to inter my house, when my wife whos name in not on the deed has restrining order on me, and my son has a room in my house a

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will my son has the right to inter my house, when my wife whos name in not on the deed has restrining order on me, and my son has a room in my house a

my son is 18 went to get som of his belonging from his room in my house after my wife had restraining order on me, she acused him of braiking of intery, he has my promition and the house deed just in my name

Asked on May 23, 2009 under Criminal Law, Massachusetts

Answers:

J.V., Member, New Jersey Bar / FreeAdvice Contributing Attorney

Answered 12 years ago | Contributor

as i understand the question the restraining order is against you and the person who went to the house is your son. If that is the case and the house is legally yours my short answer would be that assuming nothing in the restraining order presents any caveats to your son he would have the right to enter the house if it is in fact where he resides.

If he doesn't reside there he still would probably have permission but this is where it becomes tricky. I advise waiting to see what happens if anything. if she legally pushed charges you will want to get an attorney who can probably handle this in a very short period of time. If she has not pressed charges she may never and there will be nothing to worry about or hire legal counsel o help with


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