In a protective order case, the petitioner has the burden of proof. However, unlike in a Virginia criminal case, the burden of proof is not beyond a reasonable doubt. It's a much lower burden of “good cause”.

Simply having a protective order issued against you can cause you real problems. A protective order will show up in a criminal background search, which can be done by anyone quickly and cheaply. In addition, you will be denied a permit to carry a weapon if such a restraining order is in effect.

If you believe the protection order was granted improperly or that it is no longer needed, you can file a motion asking the court to “dissolve” (terminate or cancel) the protection order. After you file the motion, the court will decide whether or not to schedule a hearing.

A Virginia protective orders can be vacated or modified at any time, either by the court that issued it or the court to which a person may have the ability to appeal.

The “Petition for Proceeding in Civil Case Without Payment of Fees or Costs” is a form that allows a person who has little income (or who has very high expenses) to ask a Virginia court to “waive” (which means “not require”) the fees associated with civil court actions.

Any person who violates such a protective order by furtively entering the home of any protected party while the party is present, or by entering and remaining in the home of the protected party until the party arrives, is guilty of a Class 6 felony, in addition to any other penalty provided by law.

The most common condition that is imposed by a judge who grants bond in a domestic violence situation is that the accused has no contact with the alleged victim.