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Sample Restraining Order Form With Attorney In Virginia
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Multi-State
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US-000290
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FAQ
Some states differentiate between protective orders and restraining orders. In Virginia, these terms are used interchangeably—though the proper legal name of the order is Protective Order.
Domestic Violence Restraining Order (DVRO) A Domestic Violence Restraining Order is one of the most common types of restraining orders.
The specific elements you need to prove to get a restraining order vary from state to state, but in general, you need to show: A specific instance or instances of abuse or harassment (such as sexual assault by an intimate partner) The threat of violence or of further abusive behavior or harassment.
Emergency Protective Order (EPO): Typically, law enforcement officers or judges can grant an EPO, which provides immediate but temporary protection. An EPO is usually effective for a short duration, often lasting a few days, giving the victim time to seek additional legal protection.
The court considers several factors when determining the distance. Including the nature of theMoreThe court considers several factors when determining the distance. Including the nature of the threat. The relationship between the parties.
Go to court You will tell the judge why you need a restraining order. You can bring witnesses and evidence to support your case. The other side can bring witnesses and evidence, too.
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”. Think 50% plus the weight of a feather.
The standard test for the order can be sought is whether or not there is evidence of harassment or risk of violence (or further violence) against a victim. You can get a restraining order against someone if the person has: Abused (or threatened to abuse you) Sexually assaulted you.
You can request one even if criminal charges haven't been filed. In order to be eligible for a protective order, you must have been subjected to an act or threat of violence that results in bodily injury or places you in reasonable fear of death, sexual assault or bodily injury.