Legal Question in Criminal Law in Virginia

Protective order

My wife had a protective order issued against me after she left with our daughter. The city of Virginia Beach has jurisdiction of the custody matter but she filed the protective order 4 hours away and I had to go to court on May 11 to answer to the allegations. After the judge heard both sides he found that there was no basis for a protective order to be issued permanently and the case was dismissed for lack of eveidence and her in ability to tell the truth.

My question is, can I legally hold her accountable for the expenses that I occured which was over a thousand dollars. I have been told that I can, but do I have to do it in the same court that heard and dismissed the case ? What does the law state on the timeline if I am able to do so ?

Thank You.


Asked on 5/12/06, 10:59 am

2 Answers from Attorneys
Charles Homiller Jimison/Homiller, PLC

Re: Protective order

Malicious prosecution cases are very difficult to prove and succeed on. You should consult an attorney and provide more facts to determine whether there is a valid cause of action to pursue.

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Answered on 5/12/06, 11:16 am
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Protective order

Given the underlying rationale for CPOs(civil protection orders), meaning that they have a strong public policy component to justify their basis in the law(e.g.,the protection of spouses and family members, etc.), I find it very unlikely that any court would hold your wife "legally accountable" for the expenses which you unfortunately incurred in defending yourself in this matter.

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Answered on 5/12/06, 11:21 am


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