Domestic Violence & Injunctions

Can I go back to my own house after a DV arrest?

Attorney-Reviewed Answer
Reviewed by Christopher Walsh, Criminal Trial Attorney (Fla. Bar #127459). Last reviewed: September 2026
Short Answer
Often no, even if it's your house and your name is on the lease or deed. A no-contact or stay-away order controls, not ownership.

Ownership doesn't determine it. If the court has entered a stay-away provision covering the residence, you can't be there — regardless of whose name is on the mortgage, who pays the rent, or whether the other person has anywhere else to go.

This produces immediate, practical problems: where to sleep, how to get clothes and work equipment, medication, documents, and tools.

What to do about it. Don't go to the house. Ask counsel about a civil standby — an arrangement where law enforcement accompanies you for a supervised retrieval of specific items. That's the mechanism, and it should be arranged rather than improvised.

Where the residence situation is genuinely untenable, counsel can ask the court to modify the conditions. Courts do sometimes adjust them, particularly where there are children, shared finances, or no alternative housing. That requires a motion, not an agreement between the two of you.

Don't go back for your things. Ask about a civil standby first. ---

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This page answers a common question for general informational purposes and is not legal advice, and no attorney-client relationship is formed by reading it. Florida law changes; while this answer is reviewed by a licensed Florida attorney, the right answer depends on the specific facts of your situation — consult an attorney. Serving Martin, St. Lucie, Palm Beach, Indian River, and Okeechobee Counties.