Restraining Order Form Printable With Pictures In Virginia
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FAQ
After the hearing, a judge can issue a protective order that lasts up to 18 months, and can later be renewed after a hearing in front of a judge. The parts of the protective order that tell the abuser to not abuse, harass, or interfere with you can last forever.
If the judge decides that there was abuse and that there is also a credible threat to the plaintiff's safety, a final order of protection will be granted and will last for up to one year.
Using the facts of the incident only, keep your statement brief and to the point. Briefly describe the most recent incident of abuse and/or threats of abuse or other behaviors. Focus on the actual behavior. Do not include prior incidents, (that will be the next paragraph).
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 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.
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.
If the restraining order is denied at the hearing after the temporary order expires, the order will be deleted from your record. If the judge establishes a permanent restraining order, it will go on record for the restrained individual.
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.
