Legal Question in Civil Litigation in Virginia

I have a protective order on my husband and he is not residing on the premises. It is a no contact no presence order. He filed a no trespassing order on my daughters boyfriend. If i have exclusive rights to the property i can let him in right?

Asked on 11/06/19, 11:35 am

1 Answer from Attorneys

Jonathon Moseley Jonathon A. Moseley

Well, yes but not for the analysis of reasoning that you are thinking.

If both you and your husband are co-owners of the residence, either one of you can invite someone on to the premises.

You can invite the boyfriend in to the house because you are one of the owners.

I am assuming that your husband is one of the owners because otherwise his no-trespass order would make no sense at all.

The protective order does not really change the ownership of the residence.

So for example, if he owns half of the house and you go on a trip to Canada for the Summer, the protective order would order him to stay away from you, but it would not prevent him from entering his own house when you are not there.

To change the ownership of the house would require a divorce proceeding with its equitable distribution.

You say that your husband "filed" a no trespass order.

One question is whether that is valid in the first place.

But you would obviously need to give your permission in a written, formal way so that no one will confuse the situation and arrest the boyfriend mistakenly.

So I or another attorney would need to understand where and how the "no trespass" order was filed, whether it is valid, attempt to cancel it, and file something to make it clear that the boyfriend DOES have your permission.

If you give permission to the boyfriend privately, it would be legally effective. But practically speaking if a police officer so the no-trespass order and DID NOT KNOW that you had given permission, the confusion could create problems.

So you want it CLEAR that the boyfriend has permission not just that he privately has permission.

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Answered on 11/06/19, 1:04 pm

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