Posted On: October 23, 2008 by Jonathan Rudnick

Domestic Violence and Your Rights

Domestic Violence – Can I change the locks on the marital residence?

This is a very common question I get from people who are trying to forcible remove their spouse from the marital residence. If you are going through a divorce and simply do not want to live with your spouse any longer, you cannot just change the locks. Both parties have a right to remain in the home.

However, if you have obtained a restraining order, and you have been granted permission to remain in the home, you CAN change the locks. In fact, to protect the safety of you and your children, you should get the locks changed as soon as possible.

In addition, if your spouse has voluntarily moved out of the home and is staying with a relative or his/her own space, you may be able to change the locks. You should know that it is always best to get advise from a lawyer based on your individual circumstances before you take any action.


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