How to File for a Virginia Restraining Order in 5 Minutes
Virginia refers to a restraining order as a protective order. According to the Virginia Department of Criminal Justice Services, a protective order is a legal order a magistrate or judge gives a victim to shield them against physical, sexual, or emotional abuse. The petitioner should present sufficient evidence against the respondent for a judge to grant their restraining order request.
Getting a Virginia restraining order is hectic, as you have to fill out forms and provide evidence showing the essence of the restraining order against the assailant. The challenges of getting a restraining order in Virginia discourage many people from seeking it. This is risky for some people, especially victims of domestic violence if the assailant is a perennial physical or sexual abuser.
DoNotPay is the best consultant when addressing restraining order issues in Virginia. It helps you gather evidence against the respondent and fill out the restraining order application form. It also enlightens you about the rules and relevant authorities to report your case depending on the restraining order you want. The process is straightforward and user-friendly, hence highly encouraged.
Where Can You Apply for a Restraining Order in Virginia?
The connection you had with the person you are seeking a restraining order against, determines where to seek a restraining order. You can apply for Virginia restraining orders at the following locations:
- Juvenile and Domestic Relations District Court – You can seek a restraining order against an abusive family member or spouse if they are physically abusive or are threatening you and your loved ones. You can also apply for restraining orders at the Juvenile and Domestic Relations Court against a respondent below 18 years if they have become a threat to you and your family.
- General District Court Clerk's Office – You can apply for restraining orders for other issues apart from domestic violence at the General District Court Clerk's office. You can also apply for preliminary protective orders at the General District Court Clerk.
How Much Do You Pay to Get a Restraining Order in Virginia?
What Are the Major Types of Protective Order That Can Safeguard You Against a Respondent?
Virginia courts and other relevant authorities issue three major protective orders depending on the respondents' actions, namely:
|Emergency protective order||A magistrate issues an emergency to protect a victim of domestic violence against future violence or abuse. It lasts for 72 hours in Virginia. It imposes the following conditions on a respondent:
|Preliminary protective order||It is issued to protect parties before a full hearing. It bars the respondent from contacting the complainant until a full hearing is heard and a verdict passed. It lasts for 15 days in Virginia. It has the same conditions as the emergency protective order.|
|Permanent protective order||It is issued after a full hearing in court. The judge asks you and the respondent to explain truthfully what happened to determine whether it is worth giving a permanent protective order. A permanent protective order lasts up to two years. However, it can be extended if the petitioner requests an extension, especially if the respondent has violated the terms of the restraining order.|
What Happens if You Violate a Restraining Order in Virginia?
Violating a restraining order in Virginia is viewed as contempt of court. Your bond is likely to be revoked if you are out on bond, and you will be incarcerated until your case is heard. If you become violent and harm the complainant, you risk arrest and prosecution. Possessing a firearm while under a restraining order is illegal. You are likely to face severe punishment as per State and Federal Law.
Getting a Restraining Order Using DoNotPay
DoNotPay eases all the challenges you encounter while filing for a restraining order. DoNotPay guides you accordingly on how to successfully file for your restraining order by enlightening you on the rules and relevant authorities to file your restraining order depending on your case. It also helps you gather all the proof you need against the respondent for a magistrate or a judge to grant your request.
Follow the Simple Steps Below Is Its “Relationship Protection” Product to File for a Restraining Order Successfully in Virginia
- Search for relationship protection on DoNotPay.
- Answer a few easy questions on our File a Restraining Order product.
- Submit the form and you're done!
Obtaining a Restraining Order - DoNotPay Works Across All States
Not only did we research how to get a restraining order in Virginia, but DoNotPay has also done research in other states as well. It shouldn't matter the state in which you reside, you and your family have a basic right to safety and security no matter where you live. If you or someone you know needs help in other states, please click on one of the links below to find more helpful information about how to get a restraining order in one of these other popular states:
- How to get a restraining order in Texas
- How to get a restraining order in California
- How to get a restraining order in Florida
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