Temporary Restraining Order Requirements In Fairfax
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FAQ
A TDO is issued in response to a request by a “Petitioner” and, except in rare circumstances, only after completion of an in-person assessment within the preceding 72 hours by a “Certified Prescreener.” The Petitioner, defined by the Code of Virginia as “any responsible person,” is the person who is requesting ...
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).
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.
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.
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.
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.
