Legal Question in Family Law in Virginia

Re: Protective Order

An Emergency Protective Order (EPO) is followed by a Preliminary Protective Order (PPO) which the woman might get by appearing alone in Court - if the Judge finds a probablity that FDamily Ause has occurred, he can make a PPO good for 2 weeks. You would be served with that and appear with a lawyer to defend you. At the Permanent Protective Order (PO) hearing two weeks later, a Judge can make the protective Order good for up to 2 years.

The scenario you mention (step mom being barred from the spouses child) happens all the time. The argument is usually between mother and step mother. It sounds like the argument was between you and your husband. Heated arguments in front of children can be abusive. Parents should never do that in front of children.

The judge will weigh the child's need to have you in her life versus the turmoil or abuuse that your presence causes to her life. Nother's job is to show that you're expendable to the child (no great emotional relationship) and the father's rights of visitation wouldn't be unfairly restricted because of your PO Order. Your job will be to show (1) no abuse occurred; (2) you are important in the child's life and (3) the child would suffer if you were removed from her life.

You need a lawyer. Hire a top notch domestic relations lawyer who has done alot of these. This is like a custody case for you to see your step-daughter. Take it seriously.

Good luck.