Motion For Temporary Restraining Order And Preliminary Injunction In Fairfax
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FAQ
If the judge gives you a Preliminary Protective Order, it will last 15 days or until the full hearing. The full hearing is when both you and the other person get to present evidence before the court. The judge will tell you when the full hearing is, and it will be written on the Preliminary Protective Order.
An emergency protective order can last only five business days or seven calendar days (whichever is shorter). It is supposed to give you time to go to court to ask for a Domestic Violence Restraining Order, which lasts longer.
If a petition alleging abuse or neglect of a child has been filed, at the hearing pursuant to this section the court shall determine whether the allegations of abuse or neglect have been proven by a preponderance of the evidence. Any finding of abuse or neglect shall be stated in the court order.
There is no limit to the number of protective order extensions that can be granted by a judge. In order to protect your health and safety, a PO can impose all of the same conditions on the respondent (abuser) as are detailed in the PPO section, for a period of up to two years at a time.
You can file a petition for a protective order at a juvenile and domestic relations court or circuit court. Go to the clerk of court and tell him/her you want an application for a protective order. You can also find links to these forms online by going to our VA Download Court Forms page.
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.
To cover those situations in which notice cannot be reasonably given, Rule 65 provides for temporary restraining orders (or TROs), A temporary restraining order is like a preliminary injunction but, if it is issued without notice to the adverse party, its duration is limited to ten days.
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.
Applying for a TRO/Preliminary Injunction TROs: A TRO can be requested if immediate harm or danger is shown. Preliminary Injunctions: These are used in serious cases where the harm to the plaintiff is significant and immediate, and the other party is not greatly affected.
