AboutLaura Giles Expertise I can answer questions related to filing charges, support groups, leaving, safety planning, getting a protective order, getting counseling, or staying.
Experience I worked as a domestic violence advocate in the court system. I am also a counselor.
Education/Credentials B.S. Human Services Counseling
Master of Social Work
Expert: Laura Giles Date: 6/16/2008 Subject: filing for divorce/separation during time of protective order
Question I saw another message & noticed you are in VA. I hope you can help me.
My husband assaulted me 2 days ago & I pressed charges. There is a 72 hr protective order which will expire tomorrow afternoon.
What is the process for filing for separation & support? I've been a SAHM for the last 6 yrs (I quit work to take care of our baby). Can I request that he leave but continue to pay the bills until I can find a job to support myself?
I have put in a call to a lawyer but have not received a call back. I don't know what my rights are or what I should do.
Any help would be really appreciated.
thanks!
Answer Hello Valeria,
Virginia does not recognize a "legal separation." You can, however, file for spousal and child support by going to your local juvenile and domestic relations court and asking for the petitions.
If you are going to court for a PERMANENT protective order (this is a separate procedure from getting the emergency protective order which expires after 72 hours), you can ask for housing and support at that time. The judge can require that your husband provide a car (assuming you have one), housing, and I think financial support as well as have no contact or no hostile contact (whichever you are asking for).
My suggestion is to talk to your local domestic violence legal advocate to get assistance through this process. It's pretty easy if you know what to do and what to ask for, but it can be stressful and difficult if your locality is not supportive of victim's rights.
