If you are in the process of a divorce and are being injured, stalked or threatened, a Protective Order can help keep you safe and prohibit your spouse or another individual from certain acts.
The following is an outline of the types of Protective Orders in Northern Virginia and the process for requesting a Preliminary Protective Order.
What Is a Protective Order?
A Protective Order is a legal document designed to protect an individual’s safety and health. It can be issued in the event that a person alleges that a family or household member has committed an act of violence or force, threatened bodily harm, or taken action that places the person in reasonable fear of death, sexual assault, or bodily harm.
What Are the Types of Protective Orders in Northern Virginia?
There are three types of Protective Orders in Northern Virginia:
An Emergency Protective Order is valid for 3 days, following issuance, or until the next day court is in session.
A Preliminary Protective Order lasts for 15 days or until a court hearing.
A Protective Order can last up to 2 years.
Who Can Request a Preliminary Protective Order in Northern Virginia?
A “family or household member” of the alleged abuser can request a Preliminary Protective Order. This includes the person’s spouse, former spouse, parents, stepparents, children, stepchildren, siblings, half-siblings, grandparents and grandchildren of the person (whether or not these individuals reside in the same home as the person). It can also include “in-laws” who reside in the same home as the person, or the parent of a common child (regardless of whether they share a residence).
How is a Preliminary Protective Order Obtained in Northern Virginia?
For cases involving family or household members, a request for a Preliminary Protective Order should be filed with the Court Services Unit of the local Juvenile and Domestic Relations Court.
Petitioners will then appear before a judge, who may ask them questions, and determine whether or not to grant a Preliminary Protective Order. If the order is issued, it will remain in effect for 15 days or until a full hearing is held. The date of the full hearing can be found on the Preliminary Protective Order document.
What Kind of Relief can be granted by Protective Order?
If a court finds after a hearing on the Preliminary Protective Order that the alleged abuser (called the “Respondent’) did commit family abuse, it can enter a Protective Order for a period of up to two years. The Protective Order can:
- Prohibit further acts of abuse
- Prohibit contact with the Petitioner and/or the Petitioner’s household members
- Grant the Petitioner possession of a shared residence or jointly owned vehicle
- Prohibit the abuser from terminating utilities to the shared residence, the Petitioner’s cell phone service or car insurance
- Order the Respondent to participate in treatment or counseling as deemed appropriate by the Judge
- Award the Petitioner temporary child support
What Is a No-Contact Provision?
A no-contact provision in a Protective Order means that the Respondent is not permitted to directly or indirectly contact the Petitioner. The only exception would be contact authorized by the court.
What if Both Parties want to terminate a Protective Order after it is Entered?
Either party may file a Motion at any time with the Court, requesting a hearing to dissolve or change the terms of a Protective Order.
What if the Respondent Violates the Protective Order after it is entered?
If the Respondent violates a Protective Order after having been served with it, then he or she could be found guilty of a Class 1 misdemeanor. The charge is more severe if the Respondent commits an act of assault and battery on the person protected by the Protective Order, or if the Respondent is found guilty of violating a Protective Order more than one time.
Learn More about Protective Orders in Northern Virginia
For additional information about Protective Orders in Northern Virginia, please call our office today and schedule a consultation with one of our skilled and experienced family law attorneys.