Yes, if both parties have legal rights to the home but a restraining order is in place, the court will likely need to intervene and clarify who can stay in the residence. Here’s how this typically unfolds:

1. Court Determination of Residence Rights

• Exclusive Use and Possession: The court may grant one party exclusive use of the home, especially if the restraining order is due to domestic abuse or safety concerns. This means the other party must vacate, even if they have ownership rights.
• Property Ownership vs. Occupancy Rights: Even if both individuals are legal owners or tenants, the court can decide that only one party should remain in the home for safety reasons.

2. Temporary Housing Orders

• If both parties are legally entitled to the home but can’t live together due to the restraining order, the court may order one person to find temporary housing. In some cases, financial support (e.g., spousal support) can be arranged to assist with relocation.

3. Violation of the Restraining Order

• If the restrained party refuses to leave or continues to live in the home despite the order, they could be in contempt of court or face criminal charges. The protected party should report any violations to law enforcement.

4. Negotiating a Resolution

• If the situation is not violent but still legally complex, both parties may be able to negotiate through their lawyers or mediation to determine a fair arrangement.