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Motion For Issuance Of Temporary Restraining Order Sample In Virginia
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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.
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.
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.”
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.
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.
Both types of protective orders – for family abuse and for non-family abuse – do not require a criminal warrant. The standard for issuing both types of protective orders is the same. The test is whether you recently have been subjected to an act or threat that results in injury or reasonable fear of injury.
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.
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.)