VIRGINIA PROTECTIVE ORDER (46.2-57.2)
Our Virginia protective order attorney is experienced in defending domestic abuse cases in Virginia courts. We can fight your case in court and defend your legal rights.
read below how we fight your domestic violence and abuse cases in court
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Virginia defines domestic abuse as an assault and battery against a family or household member. Codified in §18.2-57.2 of the Virginia Code, the Commonwealth has determined that Domestic Abuse is a Class 1 misdemeanor.
Are you a Victim of Assault/Battery on a Family or Household member?
Virginia Code §18.2-57.2, it is a class one misdemeanor to assault/batter a family or household member.
An assault is an attempt to batter and a battery is the offensive touch of someone.
These are two separate offenses, but they often go hand in hand.
This offense should be taken seriously and it should be reported to the authorities.
What differentiates domestic abuse from a standard assault and battery is that this offense can only be committed against a family or household member. An assault/battery committed against any other person is a different offense.
Nonetheless, a victim can get a protective order for either offense against the respondent.
How Can You Get a Protective Order? Explained by Virginia Protective Order Attorney
First, there are certain requirements that need to be met in order to get a Protective Order. These requirements are:
- Being subject to a violent act by another;
- Subject to an act of force that results in bodily injury; or
- You are placed in reasonable
- Fear of death;
- Sexual assault; or
- Bodily injury.
A Protective Order only grants legal protection, it can not protect against violence.
To protect yourself from violence is your responsibility, and you should seek out the appropriate resources.
You can get information about these resources in the Juvenile and Domestic Relations District Court.
Requesting for a Protective Order
A protective order for domestic abuse can be requested in the Juvenile and Domestic Relations District Court.
There are three types of protective orders that a victim can request depending on their situation.
EPO (Emergency Protective Order)
This type of Protective Order can be sought by anyone who has experienced a recent assault or battery by a family or household member.
The complainant reports the assault or battery, either by a written affidavit or through verbal testimony to a judge or magistrate.
This type of protective order can last up to three days.
PPO (Preliminary Protective Order)
A PPO can only be issued by a judge, and can only be obtained within a short period of the alleged abuse.
Based on your sworn testament, the judge will determine whether to grant the PPO. An EPO is not needed to issue a PPO by the judge, and the respondent does not need to be present during the hearing.
- A PPO will last no longer than 15 days or until the final Protective Order hearing;
- A PPO will have the same conditions for the respondent as an EPO;
- Temporary possession of the residence to family/household members;
- The respondent must maintain utility services for the household;
- Temporarily grant possession of jointly owned vehicles; and
- If appropriate, the respondent must provide suitable alternative housing for the family/household members.
PO ( “Permanent” Protective Order)
A Protective Order is granted by a judge and will usually last 2 years.
To obtain a permanent Protective Order, you must appear at a Final Protective Order hearing.
The respondent will be present, and both of you will describe the incident. All the same conditions of the previous orders apply to the permanent protective order
- Additionally, in domestic abuse cases, it will require the respondent to attend counseling; and
- If applicable and necessary provide temporary custody or visitation of a minor child.
All protective orders are free, and you do not need representation to get one.
Nonetheless, if you would like we can help streamline the process of obtaining a protective order.
A protective order is a civil order and therefore does not require the charges to be pressed in order to obtain one. Get in touch with our lawyers in American Lawyers Group (703)-786-8340.
Experienced Low-Cost Virginia Protective Order
Call Now – FREE Consultation
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