A restraining order is a legal document in Virginia which was issued by a judge for the safety concerns of a person who is said to be a victim of such act which involves force or threat, violence and harassment which results in a lot of bodily injuries or it causes a person a fear of death or bodily harm.
Types of Restraining Orders in Virginia:
There are 3 kinds of restraining orders that are issued to protect you and your family from any sort of violent act in Virginia.
- Emergency Protective Order
- Preliminary Protective Order
- Final Protective Order
Emergency Protective Order:
It expires at the last of every third day by following issuance and the next day session in the court or whichever is later.
Preliminary Protective Order:
This kind of restraining order lasts within 15 days of filing a case, or it continues until the full hearing of the situation.
Final Protective Order:
Under this kind of restraining order, the orders by the judge can be last up to 2 years.
How much a restraining order beneficial:
A restraining order helps in the following areas.
- The court can order the person who is found to be an abuser not to maintain any contact with the victim by any means. This order will also protect your other members of the family.
- If you are sharing an apartment or a home with the abuser, then the court can order the abuser to be left the place even the place belongs to the abuser.
- The court will grant you the custody of your young children.
- The court can order the abuser to pay for the child support.
- The court orders the abuser to provide money for the loss resulted from the abuse like moving expenses, medical treatment, household expenses or loss of their earnings.
- The court will order the abuser to receive counseling session from the professional domestic consultant.
How to file restraining order Virginia
To file a restraining order in Virginia, the victim of the abusive acts can openly file a petition in the division of Juvenile and Domestic Relations of the local court. The filing procedure varies from county to county. Many courts give you the leverage to file a case called “Pro se” which means filing a case on your own or you can also hire a attorney to file your case.
After filing a case, you will get temporary protection on the orders of the court. This order is known as PPO. After the 15 days of PPO, you must be present in the court to assessed by the judge that whether you need full protective orders or not. In this hearing, both the abuser and the victim will be asked to appear in the court. During your this temporary period, the police will send the abuser the copy of the court orders. Because most of the times, the domestic laws get complicated, so it will be a good idea to hire an experienced domestic violence attorney to make your case strong.
Where to go to get a Restraining Order Virginia – call us at 888-437-7747.