Permanent Injunction For Protection In Virginia
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The court may extend the protective order for a period not longer than two years to protect the health and safety of the petitioner or persons who are family or household members of the petitioner at the time the request for an extension is made.
Once you turn in your request, a judge will decide quickly whether to grant temporary protection. The whole process can take a few weeks to months, depending on how complicated your case is. If the judge grants you a long-term restraining order, it can last up to five years.
Order 39 Rule 1 CPC Property in Dispute: Where any property in dispute in a suit is in danger of being wasted, damaged, or alienated by any party to the suit, or wrongfully sold in execution of a decree.
Some states differentiate between protective orders and restraining orders. In Virginia, these terms are used interchangeably—though the proper legal name of the order is Protective Order.
Prior to the expiration of the protective order, a petitioner may file a written motion requesting a hearing to extend the order.
Some states differentiate between protective orders and restraining orders. In Virginia, these terms are used interchangeably—though the proper legal name of the order is Protective Order.
In a protective order case, the petitioner has the burden of proof. However, unlike in a Virginia criminal case, the burden of proof is not beyond a reasonable doubt. It's a much lower burden of “good cause”. Think 50% plus the weight of a feather.
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.
3 Types Of Orders Of Protection And What You Need To Know Emergency Protective Orders. Temporary Restraining Order. Permanent Restraining Order.
