This form is a Petition for a Temporary Restraining Order and Pertinent Injunction. The form must be filed in order to prohibit any contact between the named parties on a permanent basis. The form must be signed in the presence of a notary public.
Virginia Petition for Temporary Restraining Order and Permanent Injunction for Personal Harassment
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US-CMP-10021
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How to fill out Petition For Temporary Restraining Order And Permanent Injunction For Personal Harassment?
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FAQ
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.
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?.
No. A protective order is a civil order and is not the same as pressing criminal charges. However, once a protective order (EPO, PPO, or PO) has been granted, violation of its conditions is a crime.
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.
Tips to Win an Ex Parte Hearing: Submit a comprehensive and clear ex parte application. ... Find out 2-3 foolproof reasons why the order should be in your favor (depending on the cause of action). ... If the other party is harassing you or forcing you, provide the court with the records. ... Be prepared for a full hearing.
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.
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.
At the hearing, a preliminary protective order may be issued, Va. Code § 19.2- 152.9, using the district court form DC-384, PRELIMINARY PROTECTIVE ORDER. This order will include any conditions and limitations being placed upon the respondent and will state the date of full hearing. This order is valid for fifteen days.
Simply having a protective order issued against you can cause you real problems. A protective order will show up in a criminal background search, which can be done by anyone quickly and cheaply. In addition, you will be denied a permit to carry a weapon if such a restraining order is in effect.