3 Types of Family Abuse Protective Orders in Virginia An emergency protective order is a court order designed to provide you and your family members with immediate protection from an abuser. Can I Use Text Messages as Evidence in a Virginia Family Court? Require the respondent to find and provide housing for the family and household members. In Virginia, these terms are used interchangeably—though the proper legal name of the order is Protective Order. There are three types of orders of protection that can provide victims with legal protections to support their safety – emergency protective orders, temporary restraining orders, and permanent restraining orders. If you violate the order in any way, whether major or minor, you could face separate and distinct criminal charges. For questions about protective orders or any other legal questions, West Virginia Senior Legal Aid can help those age 60 and older who live in the state. "Protective order" includes an initial, modified or extended protective order. The three types of Protective Orders available in Virginia are as follows: These are three-day orders, and expire after 72 hours. In Virginia, there are three types of protective orders: Emergency Protective Orders; Permanent Protective Orders; Preliminary Protective Orders; There is no such thing as a restraining order. Fredericksburg, VA 22401, 2121 Eisenhower Avenue, Office #202> 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. It is designed to protect the safety and health of any person who is placed in fear or threat of bodily injury. Former spouses, whether or not they reside in the same home as the respondent. A Protective Order can impact rights to possess a firearm. Once the order is issued, it is advised that you keep a copy with you at all times, and report any violations to police at once. How to Find Out If There Are Hidden Assets in Your Divorce. A violation of a Protective Order is a Class 1 misdemeanor in Virginia. Getting a protective order involves (as with any government exercise) filling out some paperwork. Spouses, whether or not they reside in the same home as the respondent. A. An emergency protective order pursuant to Virginia Code § 16.1-253.4 is typically issued by a magistrate or judge upon the request of a law enforcement officer who issued a warrant for domestic assault and battery. The state offers three different types of protection orders, each with unique protective capabilities, forms and filing procedures. § 16.1-253. When you file for a protective order, make sure you understand the differences between each type. If a person named in a Protective Order violates the restrictions imposed, he or she is subject to an immediate arrest, and will be charged with a crime. Protective orders for stalking, sexual battery, and serious bodily Injury are unique in that they are only issued once a stalker or abuser has been arrested. Types of Civil Protection Orders in Fairfax Domestic Violence Cases. While the court does have an internal cut-off time for processing paperwork, decisions to hear protective order requests made after 2 p.m. (but before 4:30 p.m.) will be decided on a case-by-case basis. Circuit Courts also handle divorce cases, adoptions, property disputes, the probate of wills, and emergency protective orders. State Government. A protective order is a legal document issued by the court. It is a type of order in which a judge is authorized to enter whenever there is a charge of domestic assault and battery or some other charge where a family or household member is the alleged victim. On line Protective Order documents. Virginia has three different protective orders to safeguard a Virginian feeling threatened by an identifiable person. A civil protective order is just one that an individual files themselves, and it is not attached to a criminal charge. Any interested party can file a petition for a child protective order to prohibit someone from having contact with a child. No arrest is necessary, and many times no arrest in made, for an EPO to be issued by the court. Protective orders involving family members or juveniles are adjudicated in one court, and all other protective orders are obtained from another, and there isn't a single one-size-fits-all protection order. About; Business; Education; Recreation; Local Government; Agencies; Services & Resources. A permanent protection order may last for a year or more. About Protective Orders. Among the types of hearings that will be allowed in Virginia Beach Circuit Court will be guilty pleas in criminal cases, according to an order released Friday. Protective Order brochure created by the Virginia Department of Criminal Justice Services. Types of Protective Orders in Virginia. Protective orders involving family members or juveniles are adjudicated in one court, and all other protective orders are obtained from another, and there isn't a single one-size-fits-all protection order. Stafford, VA 22554, Violations of a Virginia Protective Order. Phase One Guidelines Phase Two Guidelines. sexual abuse, physical injury, stalking, forceful detention, and other criminal activity. An Emergency Protective Order is issued at the time of the incident by a magistrate and is only valid for 72 hours. We will act fast, as we understand the urgency of gaining the protections available under state law. Virginia has 3 different types of protective orders. Types of Protection Orders Protection orders may be temporary in nature or permanent. In Virginia, there are two types of restraining orders. Schedule your free phone consultation today and let’s talk about what we can do for you! 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