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
Lawyers, want to be a Justia Connect Pro too? Learn more ›
- Virginia
- (804) 250-1721
- View Profile
- Answered
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.
James E. Short agrees with this answer
Justia Ask a Lawyer is a forum for consumers to get answers to basic legal questions. Any information sent through Justia Ask a Lawyer is not secure and is done so on a non-confidential basis only.
The use of this website to ask questions or receive answers does not create an attorney–client relationship between you and Justia, or between you and any attorney who receives your information or responds to your questions, nor is it intended to create such a relationship. Additionally, no responses on this forum constitute legal advice, which must be tailored to the specific circumstances of each case. You should not act upon information provided in Justia Ask a Lawyer without seeking professional counsel from an attorney admitted or authorized to practice in your jurisdiction. Justia assumes no responsibility to any person who relies on information contained on or received through this site and disclaims all liability in respect to such information.
Justia cannot guarantee that the information on this website (including any legal information provided by an attorney through this service) is accurate, complete, or up-to-date. While we intend to make every attempt to keep the information on this site current, the owners of and contributors to this site make no claims, promises or guarantees about the accuracy, completeness or adequacy of the information contained in or linked to from this site.
