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Sample Restraining Order Form For T Shirts In Virginia
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Multi-State
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US-000290
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FAQ
For emergency protective orders, the court will also need proof that you or your children are in immediate danger. You or the law enforcement officer may need to give testimony under oath about this probable danger.
What is the Burden of Proof for a Protective Order? In protective order cases, the petitioner holds the burden of proof. Unlike in criminal cases where the petitioner must prove beyond a reasonable doubt, protection order case proofs are based on “preponderance of the evidence.”
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
The victim of the false claim may file a civil lawsuit seeking damages for harm caused by the false allegations. The defendant may be required to compensate the victim for financial losses, emotional distress, and any other damages incurred as a result of the false order.
In order to be eligible for a protective order, you must have been, within a reasonable period of time, subjected to an act involving violence, force, or threat that results in bodily injury or places you in reason- able fear of death, sexual assault, or bodily injury. (See Code of Virginia §19.2-152.10).
Yes, it is possible to have a protection order revoked in Virginia, but the procedure is not simple. There are legal procedures that can a protection order be dropped in virginia, regardless of whether you are the respondent—the person the order is against—or the petitioner—the person who requested the order.
Immediate and present danger of any act of violence, force or threat or evidence sufficient to establish probable cause that an act of violence, force or threat has recently occurred shall constitute good cause. This order is entered using district court form DC-384,PRELIMINARY PROTECTIVE ORDER.
No matter what happens in the Protective Order hearing, if the judge issues a final order (either a Protective Order or an Order Denying the Protective Order), either party has the right to appeal the decision, as long as they fill out the right form within 10 days. (That is ten calendar days, not ten business days.)
Lack of Jurisdiction The respondent can argue that the court does not have jurisdiction to issue a restraining order. This defense can be raised, for instance, if the alleged incidents of domestic violence or harassment did not occur within the jurisdiction of the court.
Permanent protective order - These orders are issued after the court has gone through all the legal proceedings and reviewed all evidence. Permanent protective orders can be life-long standing orders that the accused person must obey.