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Dwayne B.
Dwayne B., Attorney
Category: Legal
Satisfied Customers: 33148
Experience:  Began practicing law in 1992
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I am feeling threatened by my spouse. He was charged with

Customer Question

I am feeling threatened by my spouse. He was charged with Assault on Mar 2014 and the protective order ended March 2016 and I let him come back after promises of change. he is now getting angry and in my face with threatening tone and behavior. I think he's still on probation. I want to know my options presently.
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Submitted: 11 months ago.
Category: Legal
Expert:  Dwayne B. replied 11 months ago.

Hello and thank you for contacting us. This is Dwayne B. and I’m an expert here and looking forward to assisting you today. If at any point any of my answers aren’t clear please don’t hesitate to ask for clarification. Also, I can only answer the questions you specifically ask and based on the facts that you give so please be sure that you ask the questions you want to ask and provide all necessary facts. Please note: This is general information for educational purposes only and is not legal advice. No specific course of action is proposed herein, and no attorney-client relationship or privilege is formed by speaking to an expert on this site. By continuing, you confirm that you understand and agree to these terms.

I need you to be more specific in your question(s) if you could. When we answer general ones like "what are my rights" or "what are my options" we have to give general answers and, invariably, the customer responds with "I already knew that". This type of forum works better if you ask specific questions so we know exactly what you are looking for.

Customer: replied 11 months ago.
I want to separate and divorce because I feel that he lied about changing and is slowly becoming the same angry abusive man. Can I get another protective order? Can I reinstate the order that expired in March 2016? I feel that he will get more angry if he feels I want a divorce and how do we separate if he won't leave the house and I don't want to leave. We have been married 5 years and we each have a son here in the house.
Expert:  Dwayne B. replied 11 months ago.

If it has expired you can't reinstate it you have to get a new one.

The judge can order him out of the house if you file for another protective order and if you file for divorce.

Expert:  Dwayne B. replied 11 months ago.

I am going to be going offline in just a few minutes. If you have additional questions and I don't get them before I sign off then I will pick up and continue tomorrow morning.

If your question has been answered then I'd offer my best wishes to you and ask that you please not forget to leave a Positive Rating so I receive credit for my work. Of course,as I said, please feel free to ask any follow up questions in this thread. I want to be sure that all of your questions are answered. In addition, once you issue your Positive Rating the question will lock open and no longer time out so you can come back to it anytime in the future if you think of any follow ups.
Customer: replied 11 months ago.
Do I need to have actual physical evidence or is fear of harm enough to file for protective order by the judge? Should I wait until he gets worse? I don't want to file and risk getting denied and have to deal with him after.
Expert:  Dwayne B. replied 11 months ago.

Threats are enough, especially if there has already been a protective order issued.

If you are using your own lawyer rather than getting the DA to try and get the protective order then it has a better chance of getting approved because the private lawyer will go into "what happens f you don't grant it and are wrong" with the judge and he DA is less likely to do that.

Customer: replied 11 months ago.
Ok I was planning to go and meet with a lawyer soon. Tonight I almost had to call 911, because he got in my face like he used to do in an intimidating way. That would be the DA case if I go thru the police/magistrate.. Yes? Do the states vary? I'm in VA.
Customer: replied 11 months ago.
I will check the remainder of your answers in the morning. Have a good night.
Expert:  Dwayne B. replied 11 months ago.

Yes, if you go through the police it is the DA although you can always hire your own lawyer and let them take over.

Expert:  Dwayne B. replied 11 months ago.

The states are almost the same on these issues. They vary slightly on some of the small things but nothing we've discussed or are likely to discuss. It is usually things like number of days to respond, exact language that has to be in the order, etc.