A minor of 16 years old and above can apply for protective orders. What happens if a Protective Order is violated in Virginia? The Protective Order will remain in effect for a standard of two years, unless specified to expire sooner by the court. A Protective Order is a court document that orders the respondent (the person the order is against) to refrain from further acts of family abuse against the petitioner (the person who files for the protective order). 9. 1. Even though a judge signs the Protective Order, it does not go into effect until it has been given to the person you are filing against. Domestic Violence Protective Orders. To secure further protection after the Emergency Protective Order expires, you must file for a Preliminary Protective Order before the emergency protective order expires (Virginia Code Section 16.1-253.1 for family abuse protective orders, and Section 19.2-152.9 for general protective orders). Serving Hampton City County, Newport News City County, Poquoson City County, Gloucester County, Isle of Wight County, James City County, Mathews County, York County and beyond. Virginia is a free online program that provides assistance with the preparation of court forms required to file for a protective order. Can I get a protective order against a same-sex partner? Pay. The Respondent may be anyone you may need protection from who: is NOT a member of your family or household AND ; with whom you do NOT have a romantic relationship. Going to your local court office and obtaining a few forms will have you well on your way to receiving a protective order. File. If you did not, you would file for a . The minor of 13 years and less has to file the case with Juvenile Court Jurisdiction. You would visit the local magistrate. Petition the Court for a Preliminary Protective Order during the three days the Emergency Protective Order is active. You can also get the form online. 3. If you have any questions regarding how to obtain a Protective Order, or if you have been served with a Protective Order and have questions, feel free to give us a call at 757-656-1000 or send us an email at info@attorneyholcomb.com, and we will be happy to set up a time for you to speak with an attorney about your concerns. In Virginia, there are two kinds of Protective Orders: 1) Family Abuse Protective Order, which is heard in the Juvenile and Domestic Relations Court 2) Non-Family Abuse Protective Order, which is heard in the General District Court Your local court is likely to have more resources and information, including guidelines for the hearings. There are three different types of protective orders you can get in Virginia, she said. To file for a Protective order, you need some information about the victim (petitioner) and the abuser (respondent). Protective Order. Search Protection Orders There is no limit as to how many times the order may be extended. You can get the form by going to the court and get it from the court clerk. An Emergency Protective Order (up to 72 hours) can be issued by a magistrate or a police officer. Legal Disclaimer. program, but you must file the petition in person with the court. Do I need an attorney? They also say that a domestic abuse victim’s best protection from further abuse, especially if threats of serious physical harm are involved, may be in filing a protective order. Upon such a filing, the clerk shall forthwith forward an attested copy of the order to the primary law-enforcement agency responsible for service and entry of protective orders which shall, upon receipt, enter the name of the person subject to the order and other appropriate information required by the Department of State Police into the Virginia Criminal Information Network established and … Fill up the form and take it to the court clerk. Individuals can also go to the court or legal aid office to get help filing for a protective order. Step 1. How to File a Restraining Order in Virginia; What Is a Class IV Misdemeanor in Virginia? Protective order is an order that prevents the disclosure of certain information under certain circumstances. What do I ask for? Get Protective Order assistance with Virginia’s online form system, I-CAN. You only have 14 days to file an objection after a hearing master makes a decision. Protection orders can also stop instances of false imprisonment in which a person is kept somewhere against his or her will. If the injuries or threats were made by someone who is not a family or household member,  the General District Court would handle the matter. (Other Information must be answered to the best of your knowledge) How does the protective order work? Under Virginia laws, a protective order (also known as a restraining order in other states) is a legitimate document issued in court by a magistrate or judge to preserve the safety and health of an alleged victim of a threat, force, or violence, that results in harm or places the person in apprehension of bodily injury, sexual assault, or death. What Should I Do to Prepare. Names and addresses. My Initial Consultation is Scheduled. Without assistance, the process can be challenging and time-consuming, involving formal legal documentation and complicated filing procedures. Either party may at any time file a motion with the court requesting a hearing to dissolve or modify the order. 3 It can only be granted after a full court hearing where both you and the abuser have an opportunity to tell your own sides of the story to a judge. A protective order is a legal document issued by the court. File for a Restraining Order in Virginia. TM Virginia’s Online Forms Completion System for Protective Orders I-CAN! General Shapiro's application to quash and for a protective order should be denied, and UPMC should be permitted to depose Mr. Donahue (subject of course to the Attorney General's right to object to specific questions if they would reach legitimately privileged subject matter). They often include mandates to avoid stalking or harassing the victim. Virginia is also available in Spanish. We’re a Richmond, Virginia law firm with clients from around the world. A lawyer can help you file for a protective order and represent you during the court process. You may file a petition in the county where you live, the county where the abuser lives or in the county where the abuse occurred. anyone else), you file with your local General District Court. Your case will be heard. Where do you even file for a Protective Order? In Virginia, filing for a protective order is actually pretty easy. In Virginia, an accuser can ask for a civil protective order against someone who they alleged has either committed or threatened an act of family violence. To register your protection order in Virginia, you will need to fill out the appropriate forms at the family courthouse in your county or online on the Virginia Judicial System website. The magistrate in every city or county is available 24/7 to handle a myriad of issues and will decide if your situation merits a Protective Order. This means, the court must: Order the … In Virginia, there are two types of restraining orders. Click Here to Begin Your I-CAN! We can help! Emergency Protective Orders may be applied for by the victim or by a law enforcement officer on behalf of the victim. If you checked any of the boxes above, you would file for a . How much does it cost to get a protective order? A protective order is a civil court process in Virginia and does not require a fee to file for a protective order. Any person who violates any provision of a protective order issued pursuant to § 19.2-152.8, 19.2-152.9, or 19.2-152.10 is guilty of a Class 1 misdemeanor. Obtaining counseling or enrolling in a treatment program may also help protect your emotional dignity and restore your emotional health. Restraining orders, also known as protective orders, are designed to protect you from domestic violence, sexual abuse, harassment or stalking. Peace Order. Victims of family violence are entitled to the maximum protection permitted by law. How to Get Protective Order To get a protective order, you must first file a petition. There are three types of domestic protective orders: Emergency, Preliminary, and Permanent Protective Orders. HOPE Cards. How do I respond to a notice of a protective order? Generally speaking, courts can grant protective orders for much longer periods of time following notice to the opposing party and an opportunity to be heard at a full hearing. 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