When it is domestic violence, there are civil court orders present in this area which are designed to prevent violence within a family and keeping the abuser away. These civil court orders are ‘family abuse protective orders’.
There are three main types of protective orders for family abuse that are present in Virginia State.
- Emergency Protective Order
- Preliminary Protective Orders
- Permanent Protective Orders
Here are the details of these protective orders, their expiry time and what you can do to get the order lifted in Virginia.
Emergency Protective Order
Emergency protective orders are issued on urgent basis if the judge believes that order-seeker is in an immediate danger. These orders can be issued ex-parte meaning the abuser needs not to be physically present. These orders can be issued after business hours and will be expired at the end of the third day. But if the court is not in session when it is the time of expiry of orders, the emergency protective orders will be expired on next day when it is the session of court. If the order seeker is extremely sick or hospitalized then three days extension is granted to the emergency protective orders.
However, if you think you are charged with false allegations, you still have the right to be served by the court before the emergency protective orders take effect.
Preliminary Protective Orders
Preliminary protective orders are more like to emergency protective orders but they may lead to permanent protective orders. But for these orders, law enforcement officers cannot request a preliminary order for protective order-seeker. The order-seeker must have to be present himself/herself and file a written petition or he/she can use I-can system. Preliminary orders last for fifteen days. But if the case is continued, the court can extend its orders for a longer period.
If you have false allegations against you, then you must appear before the court and hire an attorney to guide you through each step to defend yourself. In case you fail to appear before the court, the orders can be extended for a period of up to six months at maximum.
Permanent Protective Orders
Permanent protective orders last up to two years. Permanent orders can be granted only after the full court hearings. The protective order seeker and the respondent are given full opportunity to share their side of story and evidence may be provided. Hiring an attorney is beneficial for both parties. These orders will take effect when the orders are given to the abuser. The order seeker is intimidated when the abuser is given the protective orders.
The protective orders cannot be changed by the civil court of any other state. A civil court in Virginia can alter or cancel orders of its state only not of other states.
How to change or cancel the protective orders?
You have to file a petition in the same court where the order had been issued by the court. You can request to responding in the court hearing on phone than in person. If your request is granted you do not need to be present in the same state. You can join court hearing session on a phone call.
Appeals against Restraining/Protection Orders
If you think the order was given improperly or no longer required you can file a ‘motion’ in the court to lift the order and cancel the protection order. Then it will be the court’s decision to lift or not to lift. But every decision will be made after full court hearing sessions.
The person can also file a motion in the Virginia civil court to modify the protective order if it is too burdensome. Again it will be the court’s decision after court hearings.
If you wish to consult an SRIS Law Group, P.C. attorney, call us at 888-437-7747.