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This page will help you learn the differences between the types of restraining orders as well as how to get a restraining order in Virginia. There are several different types of restraining orders within the state of Virginia. Some address the criminal aspect of the violent act and others the civil. Typically the petitioner is requesting the court's protection from an abuser via a civil action. Restraining orders, referred to as Protective Orders within the state of Virginia, may be requested as part of domestic violence cases. Should your case not meet the criteria for domestic violence, protective orders are also issued for stalking, sexual battery, and serious bodily injury.
Once the request for protection, the abuser is not allowed to contact the victim for any reason at the risk of being found in contempt of court. In return, it is important that the petitioner not contact the abuser for any reason. Doing so could not only provoke a violent act, but also may nullify the injunction. While victims are encouraged to obtain injunctions if they feel endangered, be sure that the situation may not be better resolved through some other type of mediation or counseling prior to enacting an injunction.
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Introduction
Within the State of Virginia, a protective order is an order signed by a judge to protect an individual from various types of abuse.http://www.womenslaw.org/laws_state_type.php?id=101&state_code=VA Victims of domestic violence are eligible to file for a Protective Orders for Family Abuse. The victim and his or her abuser must meet the criteria as a "family or household member" to qualify for one of these types of restraining orders. There is no filing fee to obtain a protective order within the state of Virginia. Should you not qualify for a Protective Order for Family Abuse, protective orders may be issued for stalking, sexual battery, and serious bodily injury. -
Step 1: Understand the Criteria
Understand the criteria and determine which type of protective order applies. To qualify for a free Protective Order for Family Abuse, an individual must be a victim of some type of domestic violence at the hands of another family or household member. Acts of domestic violence include incidents of assault, battery, false imprisonment, kidnapping, stalking, or some type of physical harm.http://www.courts.state.va.us/courtadmin/aoc/judpln/programs/afapo/home.html If the relationship between the abuser and victim does not qualify as domestic, it may be covered through a protective order stalking, sexual battery, and serious bodily injury. -
Step 2: Obtain the Appropriate Forms
Discuss the situation with the Clerk of the Court at the local Juvenile and Domestic Relations District Court and request a petition for an order for protection. These injunctions may be granted by the county of residence of the petitioner, the county of residence of the respondent, or the county where the violent acts occurred.http://www.courts.state.va.us/courtadmin/aoc/judpln/programs/afapo/home.html You may also obtain copies of the necessary paperwork from online from the Virginia Courts website to complete beforehand.https://secure.icandocs.org/va2/Step 3: Complete the Forms
Complete the petition. Bring it to the courthouse with identification for you and identifying information about the abuser to have it notarized. Provide as much information as possible about the qualifying incidents and how to locate the abuser. It is helpful to provide the court with the following information about the respondent: a photograph, social security number, addresses of residence and employment, phone numbers, description and plate number of the abuser's car, and any history of drugs, violence or gun ownership.http://www.womenslaw.org/laws_state_type.php?id=599&state_code=VA&open_id=4360 Wait to sign the petition until you are in a notary's presence.Step 4: The Order is Put Into Effect
Once the notarized petition is submitted, you will be issued a temporary injunction that will be in effect for fifteen days until the hearing is scheduled. This gives the sheriff's department time to serve the respondent with a copy of the restraining order and the notice of a hearing. At the hearing, the judge or commissioner will hear testimony from the involved parties and determine if the restraining order should be continued or dismissed. If continued, the order will remain in effect until any further order is issued by the court.http://womenscenter.virginia.edu/sdvs/legalrights/protective_orders.htmlResources Powered by Google
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SDVS - Your Legal Rights - Protective Orders
Womens Center - Office of Sexual and Domestic Violence Serviceswomenscenter.virginia.edu
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