This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Temporary Restraining Order Form With Court In Fairfax
Category:
State:
Multi-State
County:
Fairfax
Control #:
US-000299
Format:
Word;
Rich Text
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FAQ
For those seeking a PO, that typically means you need some evidence of abuse or violence. Those who are seeking a PPO will need some evidence that there is an immediate danger, such as threatening text messages. For EPOs, proof that there is immediate danger, such as a law enforcement officer providing testimony.
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.
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.
To obtain a TRO, a party must convince the judge that they will suffer immediate irreparable injury unless the order is issued. If the judge is convinced that a temporary restraining order is necessary, they may issue the order immediately, without informing the other parties and without holding a hearing .
If you need protection right away, take your forms to a court clerk. Some courts allow online filing, also called efiling. You can find out if your court has online filing by visiting your court's website.
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.
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.
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.