Access to a Shared Home Under a Restraining Order During Divorce
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Reviewed & verified by A. Jason Velez, Esq.*
Managing Attorney, 1LAW · Last reviewed January 24, 2026
Legal Inquiry
Consumer Legal Issue
There is currently a mutual ex parte restraining order for the preservation of the marital estate. My soon to be divorced partner is denying me access to the home, changed the locks, and had a new partner move in. I told them I wanted to come to the home before our daughter has her first visitation tomorrow and she told me no. I'm not welcome and she will call the police. What can I do?
Attorney Answer
Whether or not your ex parte order actually addresses home access, you have same-day options: seek an emergency hearing to modify or enforce that order, and if there's no formal court-ordered parenting-time schedule, arrange a neutral exchange location rather than going to the house.
Under Michigan Court Rule 3.207, a party served with an ex parte domestic relations order can file a written objection or a motion to modify or rescind it, generally within 14 days of service, entitling that party to a hearing the court must generally hold within 21 days — but courts can also hear urgent motions on much shorter notice when something time-sensitive, like tomorrow's exchange, is at stake. If your order already addresses who may access the home, its terms control, and entering before that's resolved risks legal consequences. If it doesn't address home access, that dispute is separate from tomorrow's actual visitation exchange; but if there's no formal court-ordered parenting-time order — only an informal "first visitation" — police generally won't enforce an informal arrangement.
What you can do:
1. Contact the court clerk today about an emergency motion to modify or enforce the ex parte order under MCR 3.207 before tomorrow's exchange.
2. If there's no formal parenting-time order, call the Friend of the Court's emergency line and propose a neutral, public exchange location instead of going to the house.
3. Do not attempt to enter the home yourself; document the lock change and all communications in writing.
4. Bring a copy of any existing order to the exchange in case police are called.
⏱ Time limits apply. Visitation is tomorrow, so waiting for standard business hours isn't realistic. A local attorney or the court's emergency motion process should be engaged today to modify or enforce the order, or to arrange a safe exchange, before the situation escalates.
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Frequently Asked Questions
Can I go to the marital home if I'm being denied access during divorce?
Generally, if a restraining order or court order addresses home access, its terms control, and entering before that is resolved can carry legal risk. A court motion is often the safer route.
What can I do if a scheduled child visitation exchange is in dispute?
Arranging a neutral, public exchange location can generally help avoid conflict, and a court's emergency motion process can address urgent scheduling disputes on short notice.
How can an ex parte order be modified or challenged?
Many states allow a party to file a written objection or motion to modify an ex parte order, generally within a set number of days, which entitles them to a court hearing.
