This order excludes the violent spouse from entering the home or some part of home. In practice, it is usually an order to totally exclude the violent spouse from the home.
Q: When will the Court consider granting a DEO?
As this is a very harsh order, the Court has to be convinced that:
- The violent spouse has disobeyed the PPO and has threatened to use violence against the complainant or the children;
- The other spouse has actually used violence against the complainant or the children;
- The other spouse threatens to use violence against the complainant or the children and has used violence against some other person; AND
- They are in danger of being physically injured by the other spouse or will be if the y were to enter the home.
Q: What is the effect of having the DEO?Immediately on the date of the Order, the violent spouse must leave the home, and/or not enter the home. The Complainant and the children must then be permitted to return home or stay there without any further interference from the violent spouse.
The DEO is granted only in exceptional circumstances, almost always only after a PPO has been disobeyed. A DEO is usually granted for a few months. The DEO only restricts the violent spouse's right to occupy the home. It does not affect his/her legal ownership of the home.
Sep 08, 2008 - 04:19 PM
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