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Temporary Restraining Order Requirements In Virginia
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3 Types Of Orders Of Protection And What You Need To Know Emergency Protective Orders. Temporary Restraining Order. Permanent Restraining 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.
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.
In order to be eligible for a protective order, you must have been, within a reasonable period of time, subjected to an act involving violence, force, or threat that results in bodily injury or places you in reason- able fear of death, sexual assault, or bodily injury. (See Code of Virginia §19.2-152.10).
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 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.
In order to be eligible for a protective order, you must have been, within a reasonable period of time, subjected to an act involving violence, force, or threat that results in bodily injury or places you in reason- able fear of death, sexual assault, or bodily injury. (See Code of Virginia §19.2-152.10).
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).
If the judge gives you a Preliminary Protective Order, it will last 15 days or until the full hearing. The full hearing is when both you and the other person get to present evidence before the court. The judge will tell you when the full hearing is, and it will be written on the Preliminary Protective Order.
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How do I get a Preliminary Protective Order? You must fill out court forms.You can fill out the forms through the courthouse website system called I CAN. TO THE PETITIONER: Please provide your information on form DC-621, NON-DISCLOSURE ADDENDUM. Proof of identification is required in the form of a state issued picture ID and there is a fee for this service. A temporary restraining order may be issued without written or oral notice to the adverse party or its attorney only if: i. You must file your forms in person in the Civil Division office. Court personnel will be happy to assist you, but are not able to give any legal advice. A protective order is not effective until the person is "personally served. For emergency protective orders, the court will also need proof that you or your children are in immediate danger.