In Virginia, the protective orders are also known as the restraining order. This is the legal order issued for the protection of an alleged party. These restraining orders are usually issued during divorce cases, child custody cases and contempt cases. The family (mother or child/father or child) or victim( ex-wife, ex-husband, ex-boyfriend, ex-girlfriend, stepfather, stepmother) may be under the threat, force or violence, leading to any kind of physical harm, sexual attack, a life threat or other damage.
The need to obtain a Restraining order?
The petitioner needs the order for safety of him/her and his/her family from the “abuse,” committed by the respondent to avoid any act of violence, threat or force that results in bodily damage or a threat to death, sexual assault, or includes such act, but is not limited to, any forceful detention, criminal sexual assault, stalking or involve a criminal offense which results in bodily injury, death threat, sexual assault or bodily injury.
The Decision for seeking a Restraining order:
A petitioner can file a restraining order against someone if he finds enough grounds of recent, past or likelihood harmful act in the form of physical injury, sexual assault or damage to property. The petitioner needs to demonstrate the appropriate need to fill out the form of the appropriate restraining order.
General restraining orders don’t include families or juveniles and is issued by the General District Court while family abuse restraining orders involve juveniles or family members and issued by Domestic Relations District Court.
Type of Restraining order:
The protective orders are of three kinds in Virginia, which can be used by for safety of the health of an alleged victim. A) Emergency Restraining order (EPO) which is issued for three days on the victims’ request with minor evidence. B) Preliminary Restraining Order (PPO) remains valid for 15 days after issuance or till a full hearing. C) Final Restraining order ends after two (2) years of issuance and issued by the judge on hearing and requires major evidence
Filing a Restraining order and filling the form
For general protective orders Form DC-383 and for family abuse protective orders Form DC-611 is filled. Name, address, and type of harm by the respondent is to be filled on the form. Telephone number and address of the petitioner is not mentioned on the form, rather remains saved with the court.
If you find yourself in any such situation, Contact the SRIS law group on the website or by the contact given at the end. We understand your position and will advise you step by step through choosing the right Restraining order and taking care of the legal paperwork for you from filling the form to choosing the right court and filing the procedures detail. We even take care of the deadlines for filing the court district. We the SRIS Law Group have 20 years of experience in The Virginia Law cases