What Is a Violation of Domicile?

Written by dan antony
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"Violation of domicile" is a legal term used in several countries (including France, the Philippines and Romania), and with broad legal application. It generally refers to unauthorised entry by a government official (such as a police investigator) or a citizen.

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France

The 1902 book "Manual of French Law and Commercial Information" describes a "domicile" as more a place of business than residence. The French recognised violation of domicile in the Middle Ages.

The Philippines

The government of the Philippines describes violation of domicile as occurring when "any public officer or employee who, not being authorised by judicial order, shall enter any dwelling against the will of the owner thereof, search papers or other effects," and refuse to leave if asked.

Romania

The book "Public Scandals: Sexual Orientation and Criminal Law in Romania" described a violation of domicile by a woman named Mariana Cetiner; she had simply re-entered an apartment she had moved out of, and refused to leave.

US Law

The U.S. legal system does not use the same term, but it covers the same legal ground with laws of breaking and entering, illegal search and seizure, and unwarranted entry.

Domicile versus Residence

Alhough the terms are used fairly interchangeably, domicile refers more to a legal address, versus where one lives and sleeps. A U.S. citizen's domicile is defined more by her mailing address, voting precinct and automobile registration than where she keeps her clothing and sleeps.

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