Yes! Virginia law allows wives to put restraining orders on their husbands if they have been the victim of domestic violence or feel threatened by their husbands.
If you have been abused by any of the family members that includes your husband too, you can get the restraining order on your husband. That order will prevent your husband to live with you in the same house for the time till court hears from you and your husband. The judge will decide on a permanent protective order required or not.
In Virginia, domestic violence is stated as ‘family abuse’. Family abuse is when any of your family members commit any turn of threat, violence, using force against you, or threaten you. Such acts have resulted in harm or injury or place you in a danger of physical injury or sexual assault or fear of death.
The three main types of protective orders that can be put on your husband are
Emergency protective orders
Preliminary protective orders
Final protective orders
Emergency protective orders can be sought even when the court timing is over. The Judge issues the emergency order if he/she thinks you are in an immediate danger of physical harm by your husband. Emergency orders can be issued ex-parte meaning if your husband is not present, you can get the emergency protective orders.
Preliminary Protective Orders are granted when the court has heard from you and your husband. You both need to hire a lawyer to advocate your case. The judge will decide if the preliminary orders need to be turned to permanent protective orders or not. The court hearing will decide for the settlements of property, money, custody of children etc. in case of the further process of divorce. But these are the matters for further court proceedings. The issuance of the preliminary order is for the purpose of saving you from your husband’s mistreatment.
Final protective orders are granted only after full court hearings and solid evidence must be brought to the court.
Steps to get a RESTRAINING ORDER on your husband
The procedure to put the restraining order on your husband is almost same as that for grant of preliminary protective order leading to final protective order against any other member of the family.
If you are in an immediate danger, go to the nearest police office for an emergency protective order. You might be sent to the domestic violence shelter. Custody of minor might be granted for the time being.
Then the judge will decide after hearing from both parties for further actions. The hearing process is started within 15 days from the time of giving your application to the clerk.
Hire a lawyer and show up with solid evidence. If possible you can show the recorded voice of your husband in which he is threatening you or any other evidence you have. Your husband will be restrained from reaching you. Usually, husbands have to move out of the house and find another place to live until the court judge clears him. The husband will pay the house expenses as he had been paying previously till the court clears him.
But do not misuse the restraining orders against your husbands for false allegations. The court will require proofs and solid evidence. It will be the decision of the judge after full hearings.
You must hire a lawyer for the whole process.
If you wish to consult an SRIS Law Group, P.C. attorney, call us at 888-437-7747.