Q: Can I get a VA Protective order for stalking/harassment without a specific threat of bodily harm?
I have a family member who is having a mental breakdown and has been continually harassing my pregnant wife and I with hurtful messages over the last few weeks. This individual continually insulted us through social media and phone over the last few weeks, and even tried to contact me from a spoofed phone number when I blocked him. At that point I threatened to involve the police and he calmed down for a few weeks.
Beginning last week this has begun in earnest again. His new thing has been showing up at my place of residence uninvited and leaving "gifts" under the guise of wanted to reconcile. The thing is, we've made clear that both his presence and his gifts are unwanted and even returned them to him, but he's done this three times now.
He hasn't specifically threatened violence against us, which it looks like is a requirement under Virginia Law to file for a protective order. But the harassing behavior has been ongoing for about a month
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A: As you indicate, there is no evidence that would establish an apprehension of physical harm; however, it sounds like this person is returning to your residence uninvited. Accordingly, trespassing may be an avenue to keep him away from your home. Just be sure to comply with notice requirements as listed in the statute (Section 18.2-119 of the Code of Virginia). If he trespasses upon your property after receiving notice, you could seek a warrant with the magistrate by filing a criminal complaint.
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