What are Protection Orders?
A protection order, also known as a restraining order, is a court-issued document that aims to restrict the behavior of an individual who has committed acts of violence, harassment, or stalking towards another person. In Virginia, protection orders are governed by the Code of Virginia Section 16.1-279.1. Protection order virginia They are an essential tool in ensuring the safety and security of victims, offering them legal protection and peace of mind.
Types of Protection Orders
In Virginia, there are several types of protection orders available, each serving a specific purpose:
Emergency Protective Order (EPO): This type of order is issued by a judge or magistrate and provides immediate protection to the victim. It can be granted 24 hours a day, seven days a week, and is valid for 72 hours or until the next business day when a full hearing can be held.
Preliminary Protective Order (PPO): A PPO can be obtained by the victim without the presence of the alleged abuser. It is valid for up to 15 days and can be extended if necessary preliminary protective order . This type of order is often used when the victim needs temporary protection while waiting for a full hearing.
Permanent Protective Order (PPO): A PPO is issued after a full hearing where both parties have the opportunity to present their case. If the judge finds sufficient evidence of abuse or harassment, they can issue a PPO that can last for up to two years. This type of order can provide long-term protection to the victim.
The Process of Obtaining a Protection Order
Obtaining a protection order in Virginia involves several steps:
Filing the Petition: The victim must visit the local courthouse and file a petition for a protection order. They will need to provide detailed information about the incidents of abuse or harassment, as well as any supporting evidence.
Review by the Judge: After filing the petition, the judge will review the information provided and determine whether to issue a temporary order. They may also schedule a hearing to gather more information before making a final decision.
Serving the Order: Once the order is issued, it must be served to the alleged abuser. This is typically done by a law enforcement officer or a professional process server virginia protective order . The order goes into effect as soon as it is served.
Full Hearing: If a full hearing is scheduled, both parties will have the opportunity to present their case and provide evidence. The judge will then decide whether to issue a permanent order based on the evidence presented.
