Experienced Domestic Violence Lawyer Explains Protective Orders In Virginia
If you are a victim of domestic violence, harassment, or stalking, you may be eligible for a protective order in Virginia. A protective order is a legal document that prohibits an individual from contacting or being near the victim. In this article, we will discuss how protective orders work in Virginia.
What is a Protective Order?
A protective order is a legal document that prohibits an individual from contacting or being near the victim. Protective orders are designed to protect victims of domestic violence, harassment, and stalking. These orders may also include provisions for child custody, financial support, and other matters related to the victim's safety and well-being.
There are three types of protective orders in Virginia:
- Emergency Protective Order (EPO)
- Preliminary Protective Order (PPO)
- Permanent Protective Order (PPO)
Emergency Protective Order (EPO):
An Emergency Protective Order (EPO) is issued by a judge or magistrate on behalf of the victim of domestic violence. An EPO can be granted 24 hours a day, 7 days a week, and is valid for 72 hours. EPOs are often issued when the victim is in immediate danger and needs immediate protection.
To obtain an EPO, the victim can go to a magistrate or contact law enforcement. If a judge or magistrate grants the EPO, the order will be entered into the Virginia Protective Order Registry by the end of a business day. The EPO will also be served to the respondent by law enforcement.
Preliminary Protective Order (PPO):
A Preliminary Protective Order (PPO) is a temporary order issued by a judge in response to a petition for a protective order. The PPO is valid for 15 days, during which time a hearing is held to determine whether a permanent protective order should be issued.
To obtain a PPO, the victim must file a petition for a protective order with the court. The petition must include specific information about the alleged abuse or harassment, including details about the respondent and the victim's relationship to the respondent. Once the PPO is granted, the respondent will be served with the order by law enforcement. The respondent will also have the opportunity to appear at the hearing to defend against the allegations. You can have legal representation for these hearings regardless of which side you are on. Often people hire an experienced domestic lawyer to help them file the petition and attend court.
Permanent Protective Order (PPO):
A Permanent Protective Order (PPO) is issued by a judge after a hearing to determine whether a PPO should be issued. The PPO is valid for up to two years and can be renewed.
To obtain a PPO, the victim must file a petition for a protective order with the court. The petition must include specific information about the alleged abuse or harassment, including details about the respondent and the victim's relationship to the respondent. At the hearing, the judge will hear testimony from the victim, the respondent, and any witnesses. The judge will then determine whether there is enough evidence to issue a permanent protective order. If the judge grants the PPO, the respondent will be served with the order by law enforcement.
Other types of Protective Orders:
The above list is not exhaustive. There are many other types of protective orders in Virginia and many ways in which they can be entered. The law is very complex and the courts hearings are often emotionally charged. If you are in need of a protective order, or have had one filed against you, seek a skilled domestic lawyer to discuss your options.
Violating a Protective Order
Violating a protective order is a serious offense in Virginia. A person who violates a protective order can be charged with a Class 1 misdemeanor, which is punishable by up to one year in jail and a fine of up to $2,500.
If the violation involves assault, the offender can be charged with a Class 6 felony, which is punishable by up to five years in prison and a fine of up to $2,500.
Enforcing a Protective Order
If a respondent violates a protective order, the victim can contact law enforcement immediately. Law enforcement can then take action to enforce the order, including arresting the respondent and filing criminal charges. If the respondent is convicted of violating a protective order, the court can impose penalties, including fines, probation, and jail time.