Temporary Restraining Order Form Without Notice In Fairfax
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FAQ
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
State to the court that you would like a restraining order and what you would like the court to order. Be as specific as possible. Examples: “I am asking the court to grant me a _____ month/year injunction.” “I want no contact in person, at home, by phone, at work, by mail or through third parties.”
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.
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.
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.
After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.
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 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).
