Legal Question in Family Law in Virginia

Spousal Eviction Notice

I am going thru a separation, my husband has moved out of the home voluntarily (3 1/2 months). However he keeps coming back, breaking down the door and taking martial property from the home. The police stated once that that he would not take martial property only personal property (which he took while the police was here). He came back later and took martial property and the police said there was nothing they could do. I have been to j/domestic court and they told me I should serve him with an eviction notice (the house was purchsed before the marriage and my name the only name on the deed), and that if he came back I could have him arrested for tresspassing. He is a very violent person and have been convicted of domestic violence in the past. What are my options on getting him to not come back to the house and harassing me. The courts will have to distribute the martial property. We made an offer, but he refused. He moved out of the martial house and moved into an apartment with a female. Is serving him with an eviction notice legal and if so,can he be arrested if he tries to return after being served. How long does the eviction notice (days) have to be.Please advise, I am getting to much conflicting information.


Asked on 5/05/06, 1:06 pm

1 Answer from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Spousal Eviction Notice

A restraining or civil protection order(CPO) granted against your husband, prohibiting him from coming anywhere near your home, would appear to be more appropriate for this particular situation than an eviction notice.(His breaking down or damaging the door or threatening other violence should be sufficient grounds.)

You can file for one at the clerk's office of your local J&DRDC.

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Answered on 5/06/06, 7:43 am


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