Legal Question in Family Law in Virginia

Re: Help!! Abuse is starting again

The most important thing you can do is remove yourself and the children from an abusive environment.

Next, you should document every single act of abuse by calling the police and obtaining a police report.

Then, you need to petition the court in either VA or MD (Depending on the proper jurisdiction which is not clear from your message)

to obtain custody of the children. To bolster your case for custody you need to show the court that you are taking steps to protect yourself and your

children from the abuse. You can demonstrate your serious commitment to protecting yourself and your children by contacting local abuse programs for counseling or guidance, read books on abuse, contact friends and family and seek help.

I would encourage you to immediately hire an attorney or to contact your local court pro bono program and petition for custody.

Re: Help!! Abuse is starting again

Your question is identified as concerning Virginia and Maryland. The answer might depend on which state you are living in, and on which state the earlier custody action was filed in. I could give a more complete answer if I knew those facts. In any case, you will not benefit from staying in an abusive relationship. If your husband is not on the lease, you can certainly have him removed. If he is physically abusive you can, if you are in Maryland, file for an "ex parte" order that he leave, and you can ask the court for custody (I don't know the terms for this kind of action in Virginia, but I know there is a similar kind of procedure). After one week you will have to return to the court for a protective order hearing at which your husband can be present to present a defense against his expulsion from the home, so you will then need some evidence of his abuse. The court can order him to stay away from you for a substantial period of time, and can also award you custody for the same period. In Maryland you can file for a protective order in either the District Court or the Circuit Court. The prior case involving the grandparents should not work against you, since you will now be acting to protect your children from the effects of violence. Did your husband's parents admit that their son was abusive? If so, that must also be an available part of the record which could help you now. By no means should you tolerate physical abuse of yourself or the children. If the abuse occurs, call the police and ask that your husband be removed immediately, and deal with the rest of the legal procedures afterward.