In almost every domestic violence case, the court will order a full order of protection requiring the defendant not to be in the home during the pendency of the case. Very occasionally, I am able to persuade the judge to change their mind, but it’s almost an impossibility. In most situations, the district attorney uses this as a weapon in order to get the defendant to agree to a disposition as early on as possible.
Due to the limited capacity of the courts amid the COVID-19 pandemic, it is currently very difficult to get cases disposed of, so it is a real problem to which there is not a good solution. The only option would be to argue at the arraignment for a limited order of protection, which would allow the defendant to return to their home. While I have not seen an instance of this being granted by a judge, the hope is that it will become more common as judges begin to realize the consequences of these orders on homeowners.
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