Woodbridge, VA asked in Divorce and Family Law for Virginia

Q: My husband has an ego on me and has been granted temporary possession of the home. Can I get possession back?

My husband called the police on me and lied and said I covered his mouth and nose and slammed his head into the wall.

He was granted a epo because my son went along with it. Now my son feels bad he lied for his Dad. He thought I was just going to have to leave the house and that would stop his Dad from arguing.

I moved in completely in August.

I have real evidence that he abused me. Pictures and text messages of me speaking about his abuse and saying I would tell the kids I fell into the wall for one incident

Can I get granted possession of the home if I file and the magistrate doesn't know that I already have a epo on me ? Would it offset it we both have one granting us possession of the home?

He is angry I told his girlfriend that he has been with me and I had been living in the home. His mother also owns the home with him and doesn't want me living there so they are trying to use this to get me out. I need help !!!

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1 Lawyer Answer
James H. Wilson Jr.
James H. Wilson Jr.
  • Glen Allen, VA
  • Licensed in Virginia

A: A protective order may be issued in three successive steps, each with greater due process protections for the accused. To protect against an immediate harm, a emergency protective order can be issued ex parte by the magistrate or general district court judge on a sworn statement or affidavit, without a hearing. It expires at midnight of the third day after issuance.

A preliminary protective order may be issued with an adversary hearing allowed to the defendant/accused on short notice. The hearing is usually rather short, and may attract the attention of the Commonwealth's Attorney or prosecutor if there is the possibility of criminal charges, usually one of family abuse.

If the prosecutor is interested in a crime, the prosecution will proceed first, on the higher evidentiary burden of showing evidence beyond a reasonable doubt. Even if not convicted, a protective order may proceed on the lower clear and convincing evidentiary burden.

If requested by the accused, a dispositional or final evidentiary hearing will be held within 60 days. That provides the accused with the opportunity to testify fully and present his or her evidence. The final protective order resulting from this hearing may last for 2 years and can be renewed.

Lying under oath during a legal proceeding is the crime of perjury, which may be prosecuted by the Commonwealth.

Anyone facing a protective order, or interest in the issuance of a protective order, should consult with an experienced Virginia family law lawyer.

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