Legal Question in Family Law in Virginia
How can he regain possession of his vehicle?
My son has rented his home for the past 7 yrs..for the last 2 years his g/f has lived there on and off..she has charged him with domestic abuse..and has a protection order against him..HE IS NOT GUILTY..but that will be proven in court..in the meantime, she has been granted posession of the residence until 8/26..but she is going to revise everything until the court date..she has now put up a no trespassing sign and he needs to get one of his car that is on the property so that he can arrange to sell it to help with lawyer fees....Can he give someone a letter of permission to pick up that car for him without her getting a warrant for them for treapassing?..it is still his residence even thou he isnt allowed there..He has payed all the bills..the original lease is in his name ...as well as all utilites and he is the soul owner of the car..she wants possession of the house, for him to pay all bills and wants to take possession of his new car...until this all goes to court..which could be several months...is there any way that can be done?..she has a child..but he is NOT the father..she gets support from the childs dad...
1 Answer from Attorneys
Re: How can he regain possession of his vehicle?
Your question with background material is somewhat confusing as it's not clear what the date 8/26 represents, i.e, whether it's a court date for a hearing on the domestic abuse charge or something else.
If 8/26 is a court hearing date, your son should
await that date to ask the court's permission
to send a friend or relative to the premises to retrieve the vehicle.
If, however, there is no court hearing date looming in the near future(as suggested in the latter part of your question), your son should consult with his attorney as to the best method to
retrieve his property without violating the court's stayaway order.(If your son does not yet
have a lawyer to represent him in this matter he should very soon retain one or ask that the court appoint one in the event his finances don't allow for the former.)