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Temporary Restraining Order Sample Without Notice In Fairfax
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State:
Multi-State
County:
Fairfax
Control #:
US-000299
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Word;
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FAQ
Yes, it is possible to have a protection order revoked in Virginia, but the procedure is not simple. There are legal procedures that can a protection order be dropped in virginia, regardless of whether you are the respondent—the person the order is against—or the petitioner—the person who requested the order.
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.
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 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.
Immediate and present danger of any act of violence, force or threat or evidence sufficient to establish probable cause that an act of violence, force or threat has recently occurred shall constitute good cause. This order is entered using district court form DC-384,PRELIMINARY PROTECTIVE ORDER.
No matter what happens in the Protective Order hearing, if the judge issues a final order (either a Protective Order or an Order Denying the Protective Order), either party has the right to appeal the decision, as long as they fill out the right form within 10 days. (That is ten calendar days, not ten business days.)
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.”
More info
Gov, click Online Services, then Assistance with Protective Orders (I-CAN!). What is a Protective Order?Our Fairfax restraining order petition lawyer is professionally qualified to handle your case can help you as you go through the procedure. For assistance with filling out protective order petition forms online follow the below link: I-CAN! ™ Virginia Form Completion System for Protective Orders. If someone has filed a protective order Virginia against you, you have a right to defend yourself. Learn more about your legal options and get help. 30 Days Before Trial. The procedure entails filling out a particular legal form that starts the court intervention request process. Some courts may require a petitioner to testify under oath in order to obtain a Preliminary Protective Order.