remove (exclude) the abuser from a home you share and order that the abuser can not turn off any necessary utility services to the home (or order him/her to get them turned back on if s/he terminated them).grant you possession of the home that you and the abuser share.prohibit any contact by the abuser with you or your family or household members that the judge believes is necessary to protect your/their safety.prohibit acts of family abuse or criminal offenses that result in injury to a person or to property.You should be notified when the abuser is served. See How do I change or extend the permanent order? for more information.Ī permanent protective order takes effect after it has been served (given) to the abuser. However, you can file to extend it before your order expires.
Code of va 19.2 81.3 full#
3 It can only be granted after a full court hearing where both you and the abuser have an opportunity to tell your own sides of the story to a judge. Protective Orders: A (final) protective order can last up to two years. The extended protective order shall be served as soon as possible on the respondent. If the respondent fails to appear at this hearing because the respondent was not personally served, the court may extend the protective order for a period not to exceed six months. If the court is closed on the 15 th day, it would last until the next day that the court is open. You can fill out the forms through the courthouse website system called I CAN.Ī preliminary order lasts up to 15 days until the court hearing for a final protective order. You must file a written petition yourself at the intake office of the Juvenile and Domestic Relations courthouse. It is similar to an emergency order, but law enforcement officials cannot request a preliminary order for you. Preliminary Protective Orders: A preliminary protective order is the first step in obtaining a (permanent) protective order. The judge or magistrate should provide written information regarding protective orders that shall include the telephone numbers of domestic violence agencies and legal referral sources on a form prepared by the Supreme Court. An additional three days extension may also be granted, if you are hospitalized or otherwise incapacitated.
If it expires at a time when the court is not in session, the order will be extended until the end of the next business day the court is in session. A law enforcement official may also request that one be given to you.Īn emergency order expires at the end of the third day following issuance. You can petition for an emergency order with a magistrate at the Court Service Unit of a Juvenile and Domestic Relations Court, or at a General District Court or Circuit Court. However, the abuser will have to be served (given the order) before it takes effect. Ex parte means the abuser does not have to be present or know that the order has been requested. It also can be given ex parte by a judge, if s/he believes that you are in immediate danger. There are three types of protective orders for family abuse:Įmergency Protective Order: An emergency protective order is designed to give you immediate protection, and can be given on the weekends or after business hours when the courthouse is not open. A family abuse protective order is a civil court order that is designed to stop violent behavior and keep the abuser away from you.
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