Legal Question in Criminal Law in Virginia

Restraining Orders

My husband has been having an affair with another woman for the past 3 years. In May of this year the Commonwealth pressed charges against him based on a statement she gave that he was stalking her. The final court appearance was in September and the Judge sentenced him to 12 months in jail, he served 7 weeks and the judge suspended the rest pending he kept the peace and had no contact with her. Upon his release from Jail, she and he bagan calling each other again but never saw each other in person. Mind you, she was also calling him. What, if anything, can be done to punish her for calling him. She has recently filed a stalking charge again against him so he is going back to jail. I want to know what I or--name removed--husband can do to press charges against her for calling him. Please advise.


Asked on 11/30/06, 11:55 am

2 Answers from Attorneys
Michael Hendrickson Law Office Michael E. Hendrickson

Re: Restraining Orders

Since this particular she was not likely under any restraining or other order of the court forbidding her to contact your husband, there was apparently nothing illegal in her doing so.

Therefore, if the above is in fact true, you as well as your husband can forget about "pressing charges" against this alleged victim.

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Answered on 11/30/06, 1:22 pm
Fred Kaufman Fredrick S. Kaufman, Esquire

Re: Restraining Orders

Unfortunately nothing. She was under no court order, he was. When the victim calls the person she's had convicted, I go to Court to have the restriction removed.

Good luck.

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Answered on 11/30/06, 8:49 pm


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