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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.
3 Types Of Orders Of Protection And What You Need To Know Emergency Protective Orders. Temporary Restraining Order. Permanent Restraining 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).
The Protective Order Process Involves Two Steps: Request a Preliminary Protective Order (PPO) from a judge. This is done in writing (by affidavit) or in person (at a court hearing) the same day as the appointment. Court Hearing on the Petition for a Protective Order.
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.”
You can seek assistance from legal aid organizations or attorneys. Who can help you navigate theMoreYou can seek assistance from legal aid organizations or attorneys. Who can help you navigate the process of looking up restraining orders remember to approach this process with sensitivity.