Types Of Injunction Order In Fairfax
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Preliminary Protective Orders (PPO) Only a judge can issue a PPO. You must obtain a PPO within a short time after you have been the victim of family abuse or other acts of violence, force or threat. A judge will decide if the PPO will be granted, based on your sworn statement.
The injunction is something ordered by the judge that can either be permanent or for a specific period of time. The restraining order usually only happens at the beginning of the case, once the person is served with a temporary restraining order and that will only last until the injunction hearing.
Emergency protective orders may only take a single day Depending on when someone decides to leave and the support that they have, it is often possible to obtain a same-day hearing in front of a judge. That judge can then grant an emergency protective order. Such orders typically only last for 72 hours.
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.
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.”
In Virginia, you can go to the court where the protection order was obtained to find out more information about it. Protective orders and other court records are normally kept up to date by the Clerk of Court.
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