Do You Need A Restraining Order Attorney in Virginia?

A protective order, also called a restraining order, is a type of legal order issued by the state of Virginia that requires one person to stop harming threatening to harm to another. There are both civil and criminal orders of protection; family law protective orders are typically issued in order to combat domestic abuse. If you are the victim of domestic abuse, you have legal rights and protections available to you. Call our experienced Virginia family law attorneys today to learn more about how to get a protective order.

How Do You Get a Restraining Order in Virginia?

Obtaining a protective order in Virginia is a legal process designed to safeguard individuals from harm, threats, or abuse. These orders, sometimes referred to colloquially as restraining orders, provide legal protection by setting clear boundaries and restrictions on the person causing the harm (the respondent) to protect the person seeking the order (the petitioner).

Eligibility for a Protective Order

To be eligible for a protective order in Virginia, you must have been the victim of an act involving violence, force, or threat that resulted in bodily injury or placed you in reasonable fear of death, sexual assault, or bodily injury. The type of court where you file your petition depends on your relationship with the person you are seeking protection from. If the person is a family or household member, or if either you or the respondent is a juvenile, you will typically go to the Juvenile and Domestic Relations District Court. For other relationships, you would generally go to the General District Court.

Starting the Process: Filing a Petition

The first step in obtaining a protective order is to file a petition with the appropriate court. You will need to fill out court forms providing information about yourself, the respondent (including their name, address, and any identifying details you have), and a detailed description of the incidents of violence, force, or threats that have occurred. Be as specific as possible, including dates, times, and what happened.

You can usually get the necessary forms from the clerk’s office at the courthouse. Some courts may also have assistance available, such as victim advocates or court staff, who can help you with filling out the paperwork. There are generally no filing fees for protective orders in Virginia.

What to Bring When You File

When you go to the courthouse to file your petition, it’s helpful to bring any information or evidence that supports your case. This can include the respondent’s contact information and physical description, a copy of any existing Emergency Protective Order, details of any relevant criminal charges or warrants, photos of injuries or property damage, screenshots of threatening messages (texts, emails), and the names of any witnesses. Having this information readily available can help expedite the process.

The Court Hearing

After you file your petition for a Preliminary Protective Order, a judge will review your request, and an ex parte hearing may be held where only you are present. Based on your petition and testimony, the judge will decide whether to issue a PPO. If a PPO is granted, a date will be set for a full hearing for a Protective Order.

The respondent must be legally “served” with the Preliminary Protective Order and notice of the full hearing before the full hearing can take place. This means a law enforcement officer or court official must physically deliver the documents to the respondent.

At the full hearing for a Protective Order, both you and the respondent will have the opportunity to present your case to the judge. You can provide testimony, present evidence, and call witnesses. The respondent will also have the chance to do the same. The judge will listen to both sides and make a decision based on the evidence presented whether to issue a Protective Order.

After the Order is Issued or Denied

If the judge grants a Protective Order, it will outline the specific restrictions placed on the respondent to protect you. It’s crucial to get a copy of the order and keep it with you. You should also provide copies to places like your work, your children’s school or daycare, and anyone else named in the order. The court will forward a copy to local law enforcement. A Protective Order is enforceable statewide and often across state lines due to federal law.

If your request for a protective order is denied, you can speak with a victim advocate or seek legal advice to understand your options. Depending on the circumstances, you may be able to appeal the decision or refile if new incidents of abuse or threats occur.

Violations and Modifications

If the respondent violates the terms of a protective order, you should immediately contact the police. Violating a protective order is a criminal offense in Virginia and can lead to arrest and prosecution.

If you need to modify or extend a Protective Order, you will typically need to file a motion with the court that issued the original order and request a hearing.

Navigating the legal system to obtain a protective order can be challenging. Resources such as local court services units, domestic violence service agencies, and legal aid societies can provide assistance and support throughout the process.

Types of Protective Orders in Virginia

The purpose of a protective order is to protect the safety and health of any person who is the victim of any act of violence, force, or threat of bodily injury, sexual assault, or death. As explained by the Virginia courts, there are three types of protective orders that are issued in the state:

Emergency Protective Orders

An emergency protective order is a temporary protective order that will be issued by a court when immediate protection is necessary. As such, this type of order can even be issued after regular business hours or on the weekend when the court is not regularly in session. This type of order will be issued without a hearing, and only last for three days from the date of issuance or the next day that court is in session.

Preliminary Protective Orders

A preliminary protective order is a type of protective order that is issued before a full hearing takes place. Acquiring a preliminary protective order is the first step to gaining a final protective order (explained below). This order only last for 15 days but can be extended for up to six months if the respondent fails to show up for the scheduled court hearing.

Permanent Protective Orders

Finally, a permanent order of protection, often just called a protective order, can last up to two years. In order to get a protective order, a full court hearing must take place.

An attorney can help you to understand the different types of protective orders in Virginia and which one is most relevant to your situation.

What Does a Protective Order in Virginia Do?

A guide for victims published by the Virginia Department of Criminal Justice Services explains the numerous provisions that may be included in an order of protection. Most emergency and preliminary protective orders may:

• Prohibit the abusive party from contacting the victim and the victim’s family and household members;
• Prohibit the abusive party from engaging in any acts of violence;
• Give the victim temporary possession of a shared home (and prohibit the abusive party from entering); and
• Grant temporary possession of a shared vehicle to the victim.

In addition to the above, a permanent order of protection can also require the abuser to attend mandatory counselor or treatment and give temporary custody of a shared child to the victim.

Who Can Seek an Order of Protection in Virginia?

If you are seeking an order of protection through the family court system, you must have evidence that you have been abused by a family or household member.

This includes a spouse (current or former), parent, sibling, child, grandparent, or step- or half-sibling/child/parent/grandparent.

In-laws are also considered family for the purposes of seeking an order of protection if you live together. Finally, you may also seek an order of protection against anyone with whom you cohabit or has lived with you over the past 12 months or with whom you have a child.

While filing petitions for other family law-related matters usually requires paying a fee, there are no filing fees for filing a petition requesting an order of protection. Your petition will need to include details of the abuse and specifics about why you are seeking the order of protection.

After your petition has been filed, it will be reviewed by a judge, who will then decide whether or not to grant a preliminary order. If a preliminary order is granted, the abusive party will be served with the order, most likely by the police or sheriff. At the hearing, both you and the abusive party will have an opportunity to present evidence and present your case.

Working with a Family Lawyer in Virginia When Seeking an Order of Protection

You are not required to work with a lawyer when seeking an order of protection, but hiring a lawyer can be helpful in many cases. To be sure, your attorney can help you to understand what type of order you need, how to fill out the petition correctly, and where to file your petition. Your lawyer can also help you to gather evidence and prepare for a hearing.

Many people who seek domestic violence orders of protection are also interested in filing for a divorce. Working with an attorney during the divorce process can be very valuable, especially as it comes to navigating tough issues like child custody, spousal maintenance, property division, and child support. Further, having an advocate on your side throughout the entire process can be reassuring and comforting.

Our Experienced Virginia Family Law Attorneys Are Here to Support You

Acts of domestic violence should be taken very seriously, and if you are being harmed by a member of your household or family, you should act to protect yourself immediately. If you are in fear of imminent bodily injury or death, call 911 in order to get an emergency protective order now.

For help in seeking a protective order and navigating other family law matters, our legal team is here to help. For your consultation with our Virginia family law attorneys at the offices of Olmstead & Olmstead, P.C., please call our law offices today at 703-361-1555, send us a confidential message, or visit our Manassas office in person. We are here to help you when you need it most.