If you have been the victim of a domestic violence crime, it is important to seek legal protection as soon as possible. A Domestic Violence Protective Order can offer safety, stability, and power back to the survivor. There are many forms of protective orders in Virginia, but on this page we will focus on the Protective Order for victims of domestic violence.
What is a Protective Order Virginia
A protective order virginia is a measure of protection from abuse that is used by the family courts to protect one person from another. A protective order can prohibit an abuser from contact with the person they are abusing. It can also address a wide range of other matters, including parenting and visitation rights, possession of firearms and other weapons, use of physical force in protecting self or others against domestic violence, housing to prevent relocation away from known residences. People must know how to get a restraining order if they need it for themselves or their family.
Who needs a Protective Order Virginia?
Protective orders exist for the protection of all victims of domestic violence. They can be used by either a spouse or a third party to protect the victim from domestic violence.
If you need to file a restraining order, then you should get legal advice from an experienced criminal defense lawyer who will review your case. A protective order involves different laws and rules that vary greatly from state to state and are reportedly very difficult to understand and apply correctly. Only an experienced family law attorney can advise you on how best to proceed.
Examples of Protective Order Virginia Cases
Here are some examples of situations where a protective order can help in Virginia:
- If a victim is abused or threatened by their spouse, then the victim can apply for an order of protection that can prohibit the abuser from having contact with the family, stalking them and keeping them away from their home and place of work.
- A protective order can be ordered against someone when they have been convicted of abusing a family member or someone else who lives in their household.
The police will take steps to remove the abuser from home and provide protection for the victim until they can move out with their children, if they have any. The abuser will be given no visitation rights.
- If a victim is the victim of domestic abuse, and they have a child, then the child can be removed from the abuser’s custody if there is no other safe environment available that is suitable to raise the child. The victim can file for an emergency protective order to prevent them from being abused and allow for safety for their children.
When someone files for a temporary restraining order, there will be grounds for a permanent restraining order once all evidence is reviewed. When there are no grounds for a restraining order in Virginia, it means that the victim cannot file again until after three years pass by without any violation of the order.
Where Can you Find More Information About Protective Order Virginia?
The Virginia General Assembly has bills pending that have been proposed that would address protective orders more comprehensively. Some of Virginia’s lawmakers sponsor these bills and review cases daily to find ways to improve the law.
It is important to note that there are different types of protective orders in Virginia as well. Depending on your state, you may be entitled to a protective order for other reasons besides domestic violence intervention.