Legal Question in Family Law in Virginia

Re: How to keep your legal home

You have raised a number of more or less related questions. I will address only one. It appears that the wife obtained the warrant per a fairly new section of the Va. Code. She would have had to swear that her husband committed some kind of act of violence against her. The husband's only immediate remedy, if he is innocent, is to make sure that the case comes up as soon as possible before the JDR Judge and offer evidence in refutation of the charge. If he prevails, the "stay out" order will be immediately vacated.

In addidtion,sometimes the respondent is required to file a no violence bond with the court. Unless this husband has some kind of relevant court experience, he better run out and retain an attorney.

Re: How to keep your legal home

It's quite likely that the court will continue its current stay away order with respect to your friend until the case is resolved. If he's found guilty this order would most likely continue

until he completes the conditions of his probation(including anger management classes)and

has the permission of his wife to return home.

If your friend is the only mortgagee listed on

the mortgage document, he would be responsible for paying the entire mortgage.

Whether or no the bank would be willing to foreclose voluntarily, would be up to the bank.