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Ellen
Ellen, Lawyer
Category: Family Law
Satisfied Customers: 36714
Experience:  25 years of experience helping people like you.
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In Virginia, can a husband living in an apartment and who let

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In Virginia, can a husband living in an apartment and who let his wife, involved in an adulterous relationship, move in with him, now put her out if she does not want to leave?
*This chat is not intended as legal advice. It is general information that may or may not apply to your situation and should not be relied upon.*

Hello,

Thank you for your question. My name is XXXXX XXXXX I will do whatever I can to answer your questions!

It is not legal to involuntarily remove your spouse from your residence without first obtaining a court order.

You cannot legally lock your spouse out without a court order. Regardless of whether she is committing adultery and/or not contributing to the expenses, you must first obtain a court order granting you exclusive occupancy of the marital residence before removing her.

I would be glad to continue our conversation and respond to any follow-up questions that you may have.
Customer: replied 3 years ago.

How is a court order obtained and how long does it take?


 


If there is a credible threat of physical violence, you may be able to have your wife removed immediately with a temporary restraining order

Absent the threat of physical violence, you would need to petition the court for exclusive occupancy of the marital residence. This means you would need to file a petition explaining to the court why you should have sole occupancy of the apartment. Usually this takes at least 30 days.
Customer: replied 3 years ago.

Assuming there is credible evidence of physical violence, how is a temporary restraining order obtained and how long is it effective?

Hi Keith,

Here is a link to the court information:
http://www.titleix.saf.vcu.edu/docs/13protective-orders.pdf

Here is a link to a Guide for Victims of Domestic Violence in Virginia:
http://www.dcjs.virginia.gov/victims/documents/podomesticviolence.pdf

Additionally, here is a link to an overview provided by local counsel:
http://www.youngerlaw.com/ProtectiveOrders.htm

I hope this helps


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