QUESTION

Can I have my husband removed from the home for threatening my 16 yr old grandson (who he accused of stealing) and myself with a baseball bat?

Asked on Feb 10th, 2014 on Child Custody - Virginia
More details to this question:
We have custody of three grandkids. He is quick tempered and I'm afraid of repercussion from him if I attempt to put him out. Can I do something anonymously?
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1 ANSWER

Family Law Attorney serving Tysons, VA
1 Award
You need to seek a protective order NOW.  No, you cannot do this anonymously.  You are going to have to be prepared to stand up in court in front of him and explain why you are afraid he may hurt you or the children.  This is the only way to remove him from the home.  The repercussions may be much worse if you do nothing and continue to allow him to threaten you and the children.  It is a risk you have to take.  Contact your local Juvenile & Domestic Relations District Court for the county in which you live and they will help you file a petition.  They will even help you as a walk-in for this type of case.  You do not need an appointment.  But expect to be there for much of the day, so take a book or something else with you to do.  Ordinarily a judge will grant you a preliminary protective order that very same day based on your petition and the case will be set for a hearing in about two weeks.  Once your husband is served with the preliminary protective order, he will have to leave the house immediately.  If he comes near you after that, you can have him arrested.  Remember, this is not just about you anymore - you have an obligation to protect those kids.  This answer is given in accordance with the laws of Virginia and may not be applicable in any other state.  It should not be construed as legal advice, as that would require a more thorough analysis of all of the facts involved in a specific case.  If you need further information or assistance, please feel free to contact my office for a consultation. Case results depend upon a variety of factors unique to each case. Case results do not guarantee or predict a similar result in any future case.  
Answered on Feb 11th, 2014 at 11:26 AM

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