Five Things You Should Know About Virginia's Protective Orders

Five Things You Should Know About Virginia's Protective Orders

Protective Orders are what are referred to as "Restraining Orders" in Virginia. Virginia courts are handling this civil case. Here are five things to understand about this procedure.

1. The process for obtaining a protective order involves several steps. Virginia recognizes three fundamental types of protective orders. A Magistrate often issues an Emergency Protective Order (EPO), which is valid for 72 hours. ex parte protective order virginia a judge or magistrate may issue a preliminary protective order, which is valid for two weeks before a hearing may be convened. The judge will make a decision regarding whether to issue a Permanent Protective Order at that hearing. A Permanent Protective Order, despite its name, only lasts for two years and can be extended.
2. The "preponderance of the evidence" test is used to evaluate requests for protective orders. The only time a court will issue a protective order is "if the court finds that the petitioner has proven the allegation that the petitioner is or has been a preponderance of the evidence shows that within a reasonable time, the defendant was subjected to an act of violence, force, or threat. Virginia Code 19.2-152.9. "To decide if something is true, the "preponderance of the evidence" test, or "more likely than not," is applied.
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4. Appealable protective orders exist. Depending on the nature of the parties' connection, the General District Court or the Juvenile and Domestic Relations Court will first hear cases involving protective orders. Divorce Lawyers Ashburn VA no of the result, either party may appeal to the Circuit Court, which will hear the case "de novo" - without taking into account the previous decision. However, the lower court's decision will stand while the appeal is underway, so if the Protective Order was issued, it would remain in place.
5. A Protective Order Violation is a Criminal Offense. Virginia Code 18.2-60.4 makes it a crime to violate a protective order. This carries a required one-day jail sentence and is at the very least a Class 1 Misdemeanor. The seriousness of the offense might be made worse by aggravating circumstances. Reviewing the precise guidelines of your Protective Order is crucial if you are the Respondent so that you are aware of your restrictions. Protective orders frequently have extra restrictions that may not be obvious.
6. Hearings on protective orders are subject to the rules of evidence. Some judges may not adhere to the rules of evidence too rigidly if both parties arrive without legal representation. However, having a lawyer on your side is an excellent method to ensure that your evidence is admitted and that the inadmissible evidence presented by the other side is excluded. Protective order parties frequently desire to dispute about unrelated personal matters or rely on hearsay, such as "My friend told me that. Our client-focused virginia protective order firearms is skilled at arguing for and against protective orders in courts all around Virginia. Call the SRIS PC law enforcement team at 888-437-7747 if necessary.