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In order to fight an order of protection, you must go to court with evidence that the order is not warranted.
Keep in mind, Protective Orders originate in the JDR and General District Courts. Virginia law permits the respondent to appeal from a Protective Order to the Circuit Court. However, to appeal, a respondent must file the appeal within ten (10) days of the entry of the Protective Order.
The cost to file a request for restraining order is $148.50. If you are unable to pay the cost, you may fill out a Motion to Proceed In Forma Pauperis. You can obtain this form from the Civil Division Office in Room 251 or by calling 389-3017.
A judge has the authority to vacate, modify, or extend an order of protection as they see fit. Generally, the only times that those are vacated is when charges are dropped. The only time that they are changed is when both the prosecutor and defense attorney make a joint application to a judge to amend it.
The judge may issue you a temporary restraining order without the abuser present (ex parte) if there is ?good cause? to do so. Proving that you are the victim of sexual assault is considered to be ?good cause? to grant this ex parte order.
Any order of protection can order someone: To stay away from protected person and children and anywhere they frequent like work or school. Not to commit acts that would be harmful. To allow one party to go to residence with law enforcement to get their property. To return important documents to protected party.