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RESTRAINING ORDER VA

If you or your family are facing domestic abuse, either fighting a restraining order VA or requesting one, I can help. As a domestic violation attorney, I can defend your case in court and fight for your legal rights.

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Under §19.2-152.10, Virginia allows courts to issue protective orders, which are simply what Virginia calls restraining orders, to protect the person requesting a protective order and the family of that person. 

Protective orders are most common in domestic abuse scenarios. 

The person who asks the court for a protective order is called the “petitioner”. 

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Protective orders keep the abuser from contacting the victim and the victim’s family, using violence or threats of violence on the victim and their family, and allow for the relief to prevent the actions prohibited in the order. 

What Are the Types of Protective Orders?

As mentioned above, protective orders are orders from a court that keep a person away from the petitioner and their family.  However, there are three different kinds of protective orders. 

Virginia courts can issue emergency protective orders, preliminary protective orders, and permanent protective orders.

Both the victim of abuse and a police officer can request an emergency protective order. 

The victim can petition the court for an emergency protective order whether or not there has been an arrest. 

Police officers may only petition the court for emergency protective orders if there has been an arrest or if the officer believes there is a probability of future violence towards the victim or their family from the abuser. 

Emergency protective orders last for 3 days or until the next time the parties appear in court. 

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If you are in fear of immediate violence, call the attorneys at American Lawyers Group to see if an emergency protective order is the right option for you.

Next, Virginia also has a preliminary protective order. 

The decision to issue a preliminary protective order or not is made by a Virginia judge based on the sworn statement of the petitioner. 

The abuser is not required to be at the hearing to get a preliminary protective order

Additionally, preliminary protective orders last for 15 days or until the hearing for the final protective order.

Lastly, Virginia has permanent protective orders. 

These are protective orders that last for up to 2 years. 

Permanent protective orders do require a hearing with the petitioner and the abuser present. 

Both parties explain what happened and why the judge should or should not issue the protective order. 

Judges can extend the order by an additional 2 years if the petitioner requests an extension and the judge believes it is necessary.

What Do Protective Orders Do?

Emergency protective orders prohibit contact between the petitioner and the abuser, violence, and threats of violence from the abuser, and put other restrictions the judge finds appropriate. 

However, emergency protective orders also guarantee that the petitioner keeps possession of pets and a residence shared between the petitioner and abuser.

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Preliminary protective orders can do what an emergency protective order can and more. 

Preliminary protective orders give the petitioner temporary ownership of shared vehicles, require the abused to pay utilities, and require the abuser to provide the petitioner with housing if needed. 

Permanent protective orders can do what a preliminary protective order can do.

What Happens If a Protective Order Is Violated?

Under §18.2-60.4, violating the terms of a protective order is a class 1 misdemeanor.  Protective orders from outside of Virginia apply in Virginia. 

Additionally, Virginia protective orders are valid in other states. 

If you have further questions about protective order violations, call the Restraining Order VA at American Lawyers Group.

Things to Do When You Have a Protective Order

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If you have successfully petitioned for a protective order, keep the order on you at all times. 

Follow the terms of the order.  Alert authorities if the terms of the order have been violated. 

Talk to the attorneys at American Lawyers Group if you want to continue your protective order or amend it.

Why You Need A Restraining Order VA?

If you need a protective order, you should consult a domestic abuse attorney. 

While you do not need an attorney for a protective order, it will be a good idea to have an attorney help you with paperwork, court hearings, and other legal measures to help you protect yourself and your family. 

A skilled Restraining Order VA from American Lawyers Group can help you get your protective orders as well as other remedies to help you and your family down the line. 

Additionally, the domestic violence attorneys at American Lawyers Group help you modify any protective orders you already have. 

Call the Restraining Order VA at American Lawyers Group to get the protective order you and your family need.

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