SAN FRANCISCO
04/03/2012 03:37 am ET

Ross Mirkarimi Allowed To Return Home After Judge's Order

For the first time since January, embattled San Francisco sheriff Ross Mirkarimi is going to be allowed to sleep in his own bed.

Stemming from a domestic abuse incident on New Year's Eve, Mirkarimi has been under a judicially mandated stay-away order for months that has prevented the former San Francisco supervisor and California Green Party co-founder from not only seeing his wife, Eliana Lopez, and young son, Theo, but also living at his home in the city's Western Addition.

Even though the restraining order against having any contact with his family remains in place, Mirkarimi will able to temporarily live in his family home while Lopez and Theo visit Lopez's native Venezuela for the remainder of the month.

The San Francisco Chronicle reports:

Family court Judge Ron Albers, struck out a provision in the proposed agreement that would have allowed Mirkarimi to live at home during his wife’s absence. But criminal court Judge Garrett Wong reversed that, and granted Mirkarimi permission during a brief hearing at the Hall of Justice Monday. Prosecutors did not object, said Stephanie Ong Stillman, spokeswoman for the District Attorney’s Office.

Until now, Mirkarimi has been staying with friends--including former San Francisco Mayor Art Agnos.

Mirkarimi's high-profile legal saga began early this year when his neighbor, Ivory Madison, contacted police following an altercation between Mirkarimi and Lopez that allegedly left Lopez with a bruised arm. Mirkarimi was initially charged with domestic violence battery, child endangerment and dissuading a witness.

After a series of legal setbacks, including the failure of an effort by Mirkarimi's legal team to suppress video footage shot by Madison depicting a visibly distraught Lopez showing her injury and talking about the incident, Mirkarimi reached a plea deal with District Attorney George Gascon in which he pleaded guilty to a single charge of misdemeanor false imprisonment.

That charge came with three years probation as well as an order to attend domestic violence and anger management classes.

Last month, Mayor Ed Lee filed ethics charges against Mirkarimi in an effort to permanently remove him from office. Lee has also temporarily suspended Mirkarimi from his post without pay during the duration of the proceedings and has installed Vicki Hennessy as interim sheriff.

Hennessy is the first woman to ever hold the position. She is no relation to former long-time San Francisco Sheriff Michael Hennessey.

Mirkarimi's hearing before the city's Ethics Commission is expected in late April.

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