How can I get a protection order or restraining order in Virginia

1. . . How can I get a protection order or restraining order in Virginia? You are meant to be protected by both a protective order and a restraining order; Virginia simply calls them protective orders rather than restraining orders. After someone has physically or sexually harmed you, threatened your life, or threatened to do so, a protection order is meant to prevent them from even getting close to you. When requesting a protective order, you are referred to as the "petitioner" and the offender is referred to as the "respondent." In Virginia, there are two different kinds of protective orders: General orders and orders granted in response to family violence. how to request a protective order for family violence in Virginia Virginia Code Sections 16.1-253, 16.1-253.1, 16.1-253.4, and 16.1-279.1 codify protective orders. Virginia Code Sections 19.2-152.7:1 to 19.2-152.12 include the legal definitions of general protection orders. Choosing between a general protective order and a family abuse protective order is the first step in obtaining an order of protection. best lawyers in virginia for protective order when a "family or household member" hurts you or another family member, protective orders may be obtained. General protective orders are applicable to anyone who does not fit the requirements for a family abuse protection order.

2. The Virginia court system has made an effort to streamline the process of obtaining protective orders in either category. For instance, there is no filing fee required when asking for a protective order. Types of Protective Orders Depending on how immediate the threat of harm is, different protective orders are available. A. The first is an Emergency Protective Order which lasts for three days (Virginia Code Sections 16.1-253.4 for orders against family abuse and 19.2-152.8 for other orders of protection). A law enforcement officer frequently obtains emergency protection orders because the situation is so urgent and you cannot wait

3. for a petition to be finished and reviewed by the tribunal. According to Virginia Code Sections 16.1-253.1 for family abuse protective orders and 19.2-152.9 for general protective orders, after the emergency protective order expires, additional protection may be obtained by: variety offers specific linked cures, such giving you possession of the home or the car. After that, you check the boxes next to the different types of relief you require (for further details, see subsection D below). To serve the petition, you merely need to fill out the second page with your name, the respondent's name, and their address. The remaining areas are occupied by the court and the sitting officer. Your phone number and address do not need to be entered in the form. The information is kept confidential by the court. General protection orders and protective orders are covered in Section 19.2-152.10). Final protection orders may be separated by up to two years. B. Damages Sufficient to Support an Order of Protection To obtain a general protective order from a judge, you must be able to demonstrate that the offender has subjected you to an act of violence or a threat of violence. Instead, you can show that the offender is wanted for committing a felony involving a violent conduct or a threat of violent action and is the target of an arrest petition or warrant. can a protection order be dropped in Virginia you must be able to prove that a protection order is necessary for your safety and/or the safety of your family. Different relief or protections are offered depending on the type of protective order. Because a full hearing has not been conducted, a preliminary and emergency protective order cannot provide the same level of protection as a full protective order. However, in circumstances of family violence, a full protective order may require the respondent to undertake therapy or treatment, as well as that you be granted interim custody or visitation of a young child. C . Submitting a restraining order petition If you believe you have enough cause to ask for a general protection order, you must submit Form DC-383. which, along with instructions on how to fill out the form, can be downloaded here. You must complete Form DC-611, which may be downloaded from

4. this page along with filling-out instructions (Note: You can omit the "Virginia Beach" insertion at the very beginning of the form and instead specify the court in which you are submitting). This documentation must be part of a protective order against family violence. D. Resources for Relief Regarding protection orders for domestic violence, the following solution is suggested. preventing more acts of family violence and wrongdoing that endangers individuals or property. preventing any communication with you or your family that the judge deems necessary for your health and safety. If you and the respondent cohabit the property, you will be granted ownership to your exclusive use; otherwise, you will be obliged to repair any lost utility services. Granting you temporary sole possession of a motor vehicle that you and the respondent either individually or jointly own, barring the respondent from During the complete hearing, the respondent will have an opportunity to deny your allegations. You must prove by a preponderance of the evidence (more probable than not or 51% of the time) that (1) you were the victim of a violent act or threat, (2) the respondent was convicted of a crime as a result of a violent act or threat, or (3) a warrant was issued for the respondent's arrest on suspicion that they had committed or threatened to commit a violent act. If the court finds that you are in danger of harm, it will grant your petition and issue a full Protective Order. 11. Following the receipt of a protection order A. Extending Your Order of Protection in Point The protection order may be extended for a maximum of two years using Form DC-630 if the respondent continues to pose a threat to you or your family after the expiration date has passed. The same form is used to file both family abuse and general protective orders. You can get the form and the directions for completing it from this website. (The second sheet should be filled out by the clerk and serving officer.) There

5. is no cap on the number of extensions that can be requested. If authorized, a new Protective Order is made. B. Violating a Restraining Order If the respondent's violation of the protection order makes you feel threatened, you should call the police immediately. Virginia Code sections 18.2-60.4 and 16.1-253.2 outline punishments for the responder. If a family abuse protective order has been violated, you must first submit Form DC-635, a motion, to the JDR District Court. You can download it from this page and find instructions there. The regulatory staff at SRIS PC can be reached at 888-437-7747 if you need more information regarding our protective order virginia