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A Virginia protective orders can be vacated or modified at any time, either by the court that issued it or the court to which a person may have the ability to appeal.
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).
To obtain a permanent protective order, however, a hearing is usually required. At the court hearing, you will need to convince the court that your safety is at risk and you feel reasonable apprehension of imminent harm.
A protective order in Virginia, otherwise known as a restraining order in other states, is a legal order signed by a magistrate or a judge which prevents one person from contacting a second person or group of people ? such as family members.
Indiana Orders of Protection (IC §34-6-2-121.6) A protective order is a civil injunction used to protect you from someone who has abused, stalked, or harassed you. You obtain a protective order by filing a petition in civil court where you live or where the offender lives.
If someone is trying to obtain or has already obtained a protection order against you, you have a couple of options. You can file an opposition to the application or a motion asking the court to dissolve or modify the order, or you can appeal from the court's grant of an extended protection order.
Somebody who violates a protective order in Virginia is going to be found guilty of a Class 1 misdemeanor of protective order violation. That is the most serious type of misdemeanor in the state of Virginia, which carries up to 12 months in jail, up to a $2,500-fine, and it is a separate criminal offense.