A protection order, also called a restraining order or domestic violence interdict, is a court order that tells an abuser to stop the abuse and sets certain conditions preventing the abuser from harassing or abusing the victim again. Virginia is a free online program that helps a person complete the forms necessary to ask the court for a protective order. If you are found guilty, you will have an additional protective order against you for up to 2 additional years. endstream endobj 237 0 obj <>stream H�d�1�0Ew�� �� ��.�ҥ�/n��&z����{ʨ��W +(���s�agU���� �;�b[bW�S_lw֑��� �fÛ��t��t��(����l�l�~�-�maR98�����w�4��4=�tY-��Z������c�}l�����x0 ݷT� Cyberbullying and cyberstalking have become some of the most talked about legal terms in recent decades as online interaction has had the unfortunate consequence of facilitating the ability of individuals to intimidate and harass others. Virginia Code § 16.1-253.1 provides courts the statutory authority to enter “preliminary protective orders” in Virginia. It may also direct the individual to refrain from doing certain acts. Taking a step like filing for a protection order can offer a level of safety, but also increase your risk. Protective orders can often be obtained for any person who is in danger of physical injury or harm, or threats of physical injury or harm. 296 0 obj <>stream If the protective order that was issued is overreaching—a standard protective order usually gives the alleged victim custody of the children if there are any, possession of the house and the vehicles, and usually has on it a provision for no termination of utilities and no-contact or at least a stay-away that the alleged perpetrator must abide by. §§ 19.2-152.9-19.2-152.10 may be filed using a form found here. The protective order will be extended until the judge enters another order. endstream endobj 232 0 obj <>/Subtype/Form/Type/XObject>>stream Virginia stalking laws charge first offenses as misdemeanors, and the state automatically issues a restraining order upon conviction. /R0 gs endstream endobj startxref TM Virginia’s Online Forms Completion System for Protective Orders. When you talk with the prosecutor, explain to him or her why and how the facts of your case have changed. If the person is in Virginia and you give the court the person's correct home and work address, the Sheriff's Department will serve the person free of charge. Get a Protection Order How do I get a protection order? A restraining order is a type of court order that instructs an individual to abide by certain conditions. Online Protective Orders Form Assistance. Work with an experienced Virginia family law attorney who can provide specific guidance and representation in assessing your case and obtaining the protective order you need. On the day of your hearing you should bring your prepared statement as to why you are asking the court to either vacate or modify the protective/restraining order, a notepad and pen for taking notes, a copy of the original motion, any other paperwork issued to you by the court regarding the motion, any documents which support your desire to modify the motion (i.e. If it’s an emergency protective order, it will last for exactly 72 hours and there is nothing that can be done under Virginia law to extend or shorten that period of time. When a judge grants an order of protection, the aggressor cannot pursue the victim in his place of residence, work or study. Emergency Protective Order. In Virginia, there are 3 kinds of Protective Orders that can protect you and others in your family or home: • Emergency Protective Order (expires at the end of the third day following issuance or the next day court is in session, whichever is later) • Preliminary Protective Order (lasts 15 days or until a full hearing) § 16.1-279.1(A) permits the court to impose one, several, or all of a list of enumerated conditions upon the respondent. The reason why this is done is because in a civil protective order a p… An Emergency Protective Order is a seventy-two (72) hour protective order that is, in essence, a “cooling off” period. Protective orders, in Virginia, are very similar to what’s known as “restraining orders” in other states. I-CAN! I-CAN! In the Commonwealth of Virginia, a protective order is a legal document issued by either a magistrate or judge that is intended to protect the health and safety of alleged victims of abuse including “ any act involving violence, force, or threat that results in bodily injury or places that person in fear of death, sexual assault or bodily injury ”. Protective Orders . Virginia Protective Orders. Virginia is a free online program that provides assistance with the preparation of court forms required to file for a protective order. A nonprofit law firm dedicated to providing civil legal services to the most vulnerable in our community. Fairfax, VA 22030, 297 Herndon Parkway, #103 endstream endobj 228 0 obj <>/Metadata 30 0 R/Pages 225 0 R/StructTreeRoot 51 0 R/Type/Catalog/ViewerPreferences<>>> endobj 229 0 obj <>/ExtGState<>/Font<>/ProcSet[/PDF/Text/ImageC]/Properties<>>>/XObject<>>>/Rotate 0/StructParents 0/TrimBox[0.0 0.0 612.0 792.0]/Type/Page>> endobj 230 0 obj <>>>/ProcSet[/PDF]/XObject<>>>/Subtype/Form/Type/XObject>>stream I-CAN Virginia is available on Virginia’s Judicial System Virginia residents can use the courts' online services to pay traffic tickets, get help with protective orders, check case status, calculate fees and more. How and When to Update Your Will in Virginia. It may also help ensure that the abuser continues to pay rent or a bond or interim maintenance. 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. Please see this chart from the Travis County Law Library for an explanation of the differences between a protective order, a restraining order, and a peace bond. It is most commonly used in situations where the child needs protection from an abusive parent or their siblings. If you or someone close to you needs the services of a Virginia divorce firm or help with issues involving criminal law or estate planning, contact us. State and federal laws do not always keep up to-the-minute with new technological developments, but Virginia has enacted laws which do address and prohibit cyberstalking. /MWFOForm Do If you want to understand more about restraining orders and how to get one, here is … The Virginia Courts have an online filing system for protective orders, found here. /Form Do We are a non-profit 501(c)(3) charitable organization dedicated to providing free community legal services to Clark County's low income residents since 1958. This is called serving or being served. Learn More . The Commonwealth of Virginia defines a protective order as a legal document issued by a judge (or magistrate) that protects an abused person and their family from another individual. Walk-in petitions for preliminary protective orders are accepted Monday – Friday between 8:00AM – 3:00PM in the Civil Division, 4110 Chain Bridge Road, Fairfax, VA, room 211. A law enforcement officer can assist you with obtaining an emergency protective order. Protective Orders are free There is no charge for petitioning for a protective order, filing copies of An Order of Protection is issued by the Court after the petitioning party shows, at a full hearing, by a preponderance of the evidence (more likely than not) that the abusing party committed family abuse. 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