A restraining order is a court order restricting a person from doing something. It can be temporary or permanent. For example, a court order prohibiting family violence is a restraining order. This type of order is issued most commonly in cases of domestic violence. The court order can prohibit a person from harassing, threatening, and sometimes merely contacting or approaching another specified person. A court may grant an ex parte restraining order in a family-violence case if it is necessary to (1) achieve the government's interest in protecting victims of family violence from further abuse, (2) ensure prompt action where there is an immediate threat of danger, and (3) provide governmental control by ensuring that judges grant such orders only where there is an immediate danger of such abuse.
Virginia Petition to for Restraining Order due to Domestic Violence
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How to fill out Petition To For Restraining Order Due To Domestic Violence?
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FAQ
If cases are slipping between the cracks of a fragmented criminal justice system, then why not work together to improve coordination and consistency? Today, there are nearly 300 courts nationwide that have special processing mechanisms for domestic violence cases.
Ethnicity. In the U.S., domestic violence disproportionately affects ethnic minorities. Among ethnic minority groups, African American and Native American men and women are most likely to experience domestic violence.
In a protective order case, the petitioner has the burden of proof. However, unlike in a Virginia criminal case, the burden of proof is not beyond a reasonable doubt. It's a much lower burden of ?good cause?.
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).
In Virginia, an ex parte protective order gives a petitioner the chance to have full court-ordered protection without requiring any underlying criminal charges. An ex parte order can provide much needed protection before a full hearing can take place.
There is a juvenile and domestic relations district court in each Virginia city and county. In Virginia, a juvenile is any person under 18 years of age.
Ing to the Virginia Sexual and Domestic Violence Action Alliance, 33.6% of Virginia women and 28.6% of men experience intimate partner physical violence, intimate partner rape and/or intimate partner stalking in their lifetimes.