This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.
Virginia USLegal Guide on Restraining Orders and No Contact Orders
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Multi-State
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US-GDE-09
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Word;
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FAQ
What Do I Need to File for a Protective Order in Virginia? 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.
After having a court hearing, a judge can grant you a ?restraining order after hearing? that can last up to five years. However, if there is no termination date on the order, the order will last three years from the date it was issued.
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.
No contact means the other person cannot contact you directly or indirectly except as allowed by the court in the Protective Order. What if I must sometimes contact the other person? You should tell the judge that at the hearing.
Usually, breaching a no contact condition means being charged with a separate criminal offence. Often, it also means going to jail, at least until you have a bail hearing. Sometimes, it means reopening sentencing for a previous conviction and receiving a more serious sentence, including a prison sentence. What is a no contact condition and what happens if I breach it? susankarpa.com ? criminal-law-questions susankarpa.com ? criminal-law-questions
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). Protective Orders in Virginia? A Guide for Victims Virginia State Crime Commission (.gov) ? protective-orders-vir... Virginia State Crime Commission (.gov) ? protective-orders-vir... PDF
Call (757) 267-4949! Having a protective order placed against you is a serious legal matter which can have far-reaching consequences. Besides prohibiting certain contact with the individual who issued the protective order against you, a protective order will show up on criminal background checks. Remove or Fight a Protective Order in Virginia Beach legaldefense.com ? criminal-defense ? prote... legaldefense.com ? criminal-defense ? prote...
In a no contact order, a person is prohibited from having any physical or verbal contact. This means a person may not have face-to-face, telephone, or internet contact as well. No Contact Order | Rules & Examples - Study.com Study.com ? academy ? lesson ? what-is-a-no-c... Study.com ? academy ? lesson ? what-is-a-no-c...