No Contact Order Conflict

Summary

A no contact order generally overrides property rights, meaning you cannot be in the same place at the same time. Breaking the door down or taking personal belongings without permission can lead to criminal charges. Personal items like clothes are usually considered separate property. Consult a legal professional for specific advice.

Full Conversation

So my ex-wife and I live together at a house that we both purchased and have our names on it. I was recently put on house arrest and ordered to stay at my house. My ex-wife got a no contact order on me though. But, can she still come to the house since techinally its her home too
In this situation:
- The no contact order usually trumps property rights, meaning you cannot be in the same place at the same time.
- The court may order one of you to leave or stay in another part of the house.
- Legal advice is recommended to navigate this complex situation.
Can she break the door down while I'm inside, take clothes, and then eave?
In Georgia:
- No, legally she cannot break the door down. This would be considered property damage.
- She should arrange a time to collect her belongings when you are not present.
- It's advisable to involve law enforcement or a third party to ensure a peaceful exchange.
leave*
To clarify, are you asking about the legal implications if she leaves the property permanently or temporarily?
Im just asking can she break down the door and come inside her house to get belongings and then leave? Since its her house too, how can she be charged with crimial damage
In Georgia, if she damages the property (e.g., breaking down the door), she could potentially face criminal charges even though it's her property too. It's always best to handle property disputes in a peaceful and legal manner.
can she take my clothes out of there?
In Georgia, she cannot take your personal belongings, such as clothes, without your permission. It's considered theft if she does so. It's recommended to have a third party present during the exchange of belongings for protection.
why is it not considered shared property?
In Georgia, personal items like clothes are usually considered separate property, not shared property, unless they were bought with marital funds. It's essential to consult with a legal professional for accurate advice based on your specific circumstances.