A Virginia Protective Order is a crucial legal measure to safeguard individuals and their families from potential harm. If you have experienced threats, violence, force, or abuse from anyone, including a spouse, family member, co-worker, significant other, or even a stranger, you have the legal right to request a Protective Order. In the below guide, we will review the specifics of Protective Orders in Virginia and who to contact if you need to obtain one.
What Is a Protective Order?
Protective Orders are official legal documents issued by a magistrate or judge that provide legal protection to individuals who are alleged victims of any act involving violence, force, or threat that results in bodily injury or places the individual in fear of death, sexual assault, or bodily injury.
In Virginia, there are three specific types of Protective Orders available to protect the individual and their family or household members:
- Emergency Protective Order: This order expires at the end of the third day following issuance or the next day the court is in session (whichever is later).
- Preliminary Protective Order: This order lasts until a full hearing or 15 days.
- Protective Order: This order can last up to two years.
When Do You Seek a Protective Order in Virginia?
There are various reasons why individuals seek Protective Orders, such as protection from domestic violence, internet harassment, threats, stalking, sexual assault, and school bullying. It is also important to note that parents have the right to petition for a Protective Order on behalf of their children.
When the court grants a Protective Order, it not only offers protection to the victim but also extends protection to their family and household members. This means that the scope of protection goes beyond just the individual directly affected by the situation.
How Does a Protective Order Help?
Protective Orders are put in place to stop contact and abusive behavior. They also cover child custody arrangements, who can live in the home, who can use the vehicle, who is responsible for rent and utilities, and can require the person named to participate in treatment programs.
In addition, when you work with an experienced Protective Order attorney, these legal professionals can help clients develop a tailored strategy to help ensure their safety and protect their legal rights.
What Will Happen if a Protective Order Is Violated?
Violating the terms of a Protective Order, especially those related to prohibited contact or abusive behavior, is a serious criminal offense. Additionally, the court has the authority to enforce other provisions of the Protective Order, such as rent payment, temporary child custody, and visitation, when the Order is not followed.
Who Is Eligible To Ask for a Protective Order?
To qualify for a Protective Order, an individual must have experienced an act of violence, force, or threat resulting in bodily injury or placing them in reasonable fear of death, sexual assault, or bodily injury within a certain period of time. This could include physical harm, the threat of harm, or any form of violence that has caused them to fear for their safety.
Contact Hollingsworth Law Today
At Hollingsworth Law, we are widely recognized for our legal expertise and unwavering dedication to upholding justice. Our firm’s specialization in Crime Victim Rights Litigation is particularly noteworthy. This area of legal practice focuses on advocating for the rights of individuals victimized by criminal acts, and we work tirelessly to ensure that these individuals’ voices are not only heard but also amplified as they seek justice and restitution.
To learn more about Protective Orders in Virginia, contact Hollingsworth Law today and speak with our team.