Legal Question in Family Law in Virginia

Re: Can a husband have a wife arrested for trespassing?`

The answer is NO. As long as she can prove she has been a consistent resident, she has residential rights and the police will escort her back in. She has no property rights as she is not on the deed so he can sell it, lease it, rent it or gamble it away without her knowledge or permission. She may have two years worth of MARITAL INTEREST in the residnece if she made a significant contribution to the increase in value while she lived there.

The gentleman is under the impression because the house is in his name he can just bar residents. FALSE. He may evict her I suppose through legal channels but by that time she could file a divorce and have a judge give her temporary exclusive possession of the residence and make the man pay spousal support to pay thye bills and child support for the young ones maintenance.

She shoud contact the police and prove to them that she has been a consistent residence. Your hypothetical does not mention the amount of time she has been away. Anything over two weeks is probelmatic because she may not be able to show consistent residence.

If she is the victim of family abuse (an act of violence resulting in an injury or the reasonable threat of bodily injury) than a Juvenile and Domestic Court Judge can award her exclusive possession of the residence, child custody and support and spousal support. This is true even if she has no property interest in the house.

She needs a police escort, a protective order or a divorce.

Good luck

Re: Can a husband have a wife arrested for trespassing?

Yes, she(the wife and mother) can return to the house in which she has been living with her husband and children without fear of being arrested for trespassing. (Whether in fact she should actually do so is, of course, a different matter, entirely.)