One of the most commonly asked questions I am asked when dealing with domestic violence is whether or not a person can change the locks on the marital residence?
You cannot just change the locks simply because you don't want to live with your spouse any longer. Both parties have the right to remain in the marital home without interference from the other person.
However, if a restraining order has been obtained, and you have been given the right to remain in the home, you will be able to change the locks, and should do so as soon as possible for the safety of your and your children.
Also, if you spouse has moved out voluntarily, you may be able to change the locks. You need to be careful in this situation. If your spouse has gotten his/her own apartment or home or is staying with relatives on an ongoing basis, you may be able to change the locks and prohibit them from returning to the residence. However, it is always important to seek the advice of an attorney before you take any action.
