Buffalo Junction, VA asked in Family Law for Virginia

Q: I need help with separation of assets from my domestic partner of 8 years. I am unable to have a conversation with him

because of the verbal abuse I receive. I have endured verbal abuse over 8 years. I am basically afraid to talk to him because of his anger issues. (This is the reason for my request for him to leave.) I have tried on numerous occasions to talk about the details of separating assets but it starts his anger. He will take and do whatever he chooses and I do not feel he will be fair. He has delayed leaving for over a month now and I am getting impatient. I need to know if I have any legal legs to stand on.

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

A: It is not clear from your answer if you have a recognized legal civil relationship or not. If so, you may have the option of divorce with equitable distribution of property.

If any person sharing a household with another is suffering from family abuse, a defined term in Virginia, he or she can apply for a protective order. "Family abuse" includes not only actual physical abuse, but also a reasonable apprehension of harm due to threats or threatening criminal acts of the offending householder. This can include threats of imminent physical harm, brandishing a weapon, and even stalking in some instances. The victim can make a sworn statement to the local magistrate, which can result in an emergency protective order issued ex parte, which can turn into a temporary protective order with prior notice to the offender, which can turn into a permanent protective order lasting up to 2 years, after notice and an evidentiary hearing with testimony.

Anyone suffering abuse from a household member in Virginia should consult with an experienced Virginia family law lawyer.

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