Virginia Order Granting Protective Order
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FAQ
What is the burden of proof for a protective order in Virginia? 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.?
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.
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.
Upon conviction for an act of violence as defined in § 19.2-297.1 and upon the request of the victim or of the attorney for the Commonwealth on behalf of the victim, the court may issue a protective order to the victim pursuant to this chapter to protect the health and safety of the victim.
Any person who violates such a protective order by furtively entering the home of any protected party while the party is present, or by entering and remaining in the home of the protected party until the party arrives, is guilty of a Class 6 felony, in addition to any other penalty provided by law.
Law enforcement officers have access to temporary restraining orders after a temporary restraining order and a permanent restraining order hearing is held. A protective order is a matter of public record unless it has been classified for some reason, just like any other court order or document.
A full protective order can be issued pursuant to Virginia Code § 16.1-279.1 when a family or household member has suffered ?family abuse.? It is not necessary to show the court that the family or household member faces ?immediate and present danger.? Following service of process, notice of a hearing date, and an ...
Creating a Defense There are numerous kinds of evidence that can be used to challenge the government's evidence that a protective order has been violated. In most cases, the evidence against a person is going to include witness testimony, phone logs, emails, or even texts.
