Filing A Motion For Temporary Orders In Fairfax
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A judge can grant a PO that lasts for up to two years. In order to obtain this PO, you must attend the final Protective Order hearing, which is scheduled at the time of your PPO hearing. The judge will subpoena the respondent (abuser) to be at the PO hearing.
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.
If the respondent fails to appear at this hearing because the respondent was not personally served, the court may extend the protective order for a period not to exceed six months. The extended protective order shall be served as soon as possible on the respondent.
Call (757) 267-4949! Having a protective order placed against you is a serious legal matter which can have far-reaching consequences. Besides prohibiting certain contact with the individual who issued the protective order against you, a protective order will show up on criminal background checks.
Preliminary Protective Order (PPO) – Temporary protection that lasts up to 15 days until a full court hearing. A petition must be filed with the court to obtain a PPO. When a preliminary protective order is granted, it is immediately sent to the sheriff for service.
What Are the Three Types of Protection? Emergency Protective Order. Preliminary Protective Order. Final Protective Order. Count on a Diligent Loudoun County Lawyer.
You must obtain a PPO within a short time after you have been the victim of family abuse or other acts of violence, force or threat. A judge will decide if the PPO will be granted, based on your sworn statement. You do not have to have an EPO to get a PPO, and the respondent (abuser) does not have to be at the hearing.
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.
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.
Preliminary Protective Orders (PPO) Only a judge can issue a PPO. You must obtain a PPO within a short time after you have been the victim of family abuse or other acts of violence, force or threat. A judge will decide if the PPO will be granted, based on your sworn statement.
