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Virginia Emergency Protective Order

If you are faced with a protective order or if you need to enforce one against a family member. Don’t worry as a Virginia Emergency Protective Order lawyer, I can help you in court and make sure your protective rights are defended.

read below how emergency protective orders are used and filed

Experienced Strong Defense Virginia Emergency Protective Order

Virginia Emergency Protective Order

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The courts in Virginia are authorized by the statute to issue protective orders, all of which are aimed at dealing with cases of “family abuse”.

These protective orders are put in place to protect not only children but any household members facing abuse.

The orders differ according to your case and the surrounding circumstances.

Some may be entered more quickly than others depending upon the factual scenario of your case.

What Are The Different Types of Protective Orders?

Preliminary Protective Orders (PPO)

This order is usually granted where a domestic violence arrest or charges of any abuse or threat of abuse have been made against a family or household member.

APO can be followed by a Virginia emergency protective order in certain situations.

It is usually based on the victim’s sworn statement and is valid only for 15 days until a permanent protective order is granted by the court in the final hearing.

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Virginia Emergency Protective Orders (EPO)

A Virginia emergency protective order is typically issued after an arrest for child abuse or domestic violence has been made against a family or household member.

It is the police officer who can request the Virginia emergency protective order if he believes that the individual or the whole family will be a risk of further danger resulting from acts of abuse and violence against the family members. 

These are 3-day orders which expire after the 72-hour window.

Moreover, individuals themselves can also petition the court for a Virginia emergency protective order even if there have been no arrests made.

Permanent Protective Orders (PO)

A permanent protective order isn’t really permanent but it does last for up to two years since it is issued by the court.

Whenever the two-year term ends, the permanent protective order can be continued for another two years if the judge deems it to be appropriate in your case.

 

What Is The Process To File For A Protective Order Against Abuse?

1. File a petition in court

To file a petition, you can go to the juvenile and domestic relations court or circuit court. 

You will have to fill out and submit a few forms to the clerk of the court. In the event, you fear for your life and require a Virginia emergency protective order, you must go to the nearest police station.

An important point to note is the EPO will only last 72 hours and if you need something more permanent you will have to file for a PO in court.

2. Review of a petition by Judge

After your application has been submitted to the court, it will be sent to the judge for review.

The judge can follow up with you if he has any questions about the application before refusing or granting the protective order.

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3. Service of Process

Once the judge has granted a preliminary order, the court will send a copy of your protective order and a notice of hearing so it can be served to the abuser.

4. The Final hearing

At the final hearing, the judge will most likely grant a permanent protective order.

If you do not show up, not only will your preliminary order expire but you may have to restart the whole process yet again for a permanent protective order.

If the abuser fails to show up in court, it’s up to the judge to either continue with the hearing without the abuser present or decide to schedule a new hearing.

Penalties for Violating a Virginia Emergency Protective Order?

Violating a Virginia emergency protective order in Virginia is typically a Class 1 misdemeanor. This means you could face up to 12 months in jail and a fine of up to $2,500.

Experienced Strong Defense Virginia Emergency Protective Order

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Repeated violations within five to twenty years may result in at least 6 months in prison.

Why Should You Hire A Virginia Emergency Protective Order?

A Virginia emergency protective order or conviction for domestic violence on a family or household member can have serious consequences.

If you or a loved one have been charged with domestic violence or served with a protective order, it is best encouraged to hire an experienced Virginia Emergency Protective Order. 

The attorneys here at the American Lawyers Group have years of experience handling thousands of cases to provide efficient and strong representation for their clients. Contact us today for a free consultation.

Experienced Strong Defense Virginia Emergency Protective Order

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