Legal Question in Criminal Law in Virginia

Legal Separation due to domestic violence

My husband has been seeking counseling for quite some time for his violent temper/anger management. He got 'physical' with me and I told him and his counselor if it happens again, he's got to leave. . for good. We have 3 children. 2 are from a previous marriage (no abuse whatsoever). I have filed a police report to have it on file. What steps do I take now to ensure the safety of my children and myself to prepare for If/When? He has a history of violence and I have been told by a family member that he was incarcerated for hitting his ex-wife. Can I get access to that info.? How do I go about making sure the children remain with me when he leaves and make sure that there is supervised visitation? I want to be prepared just in case. Thank you for your time!


Asked on 6/04/02, 12:03 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Legal Separation due to domestic violence

If your husband was convicted of a domestic violence count that is a matter for the public record and would be available to anyone making an inquiry in the court where he was convicted.

If you need a civil protection order(CPO), that

remedy is available from your local juvenile and domestic relations district court.

If and when your husband is required to leave the home, you can then file a petition in the same court for legal and physical custody of the

children as well as child support, and, the court can also determine under what terms and condition that your husband will be allowed to visit his children.

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Answered on 6/04/02, 12:26 pm


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