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Restraining Order Template Without Court In Virginia
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If the person from whom you want protection is a family or household member or a juvenile, or if you are a juvenile, you should go to the juvenile and domestic relations district court. Otherwise, you should go to the general district court.
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.”
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.
If the person from whom you want protection is a family or household member or a juvenile, or if you are a juvenile, you should go to the juvenile and domestic relations district court. Otherwise, you should go to the general district court. How do I get a Preliminary Protective Order? You must fill out court forms.
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.
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.)
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TO THE PETITIONER: Please provide your information on form DC-621, NON-DISCLOSURE ADDENDUM. The Virginia Judicial System website has Family Abuse Protective Order forms that can be filled out online through their "ICAN!" system.What is a Protective Order? To fill out this form, gather all necessary information about yourself and the respondent. Ensure you have documentation to support your claims of violence. This website helps victims learn about the types and then create official court forms required for getting a restraining order in Virginia. Step 1: Go to the Family Division of the Superior Court. Filling out the forms online does not mean you have asked for a protective order. You must print and bring the forms to the correct court to file them. You are not required to disclose your address and phone number in the form.