### How to Get a Protective Order in Virginia
A protective order, also known as a restraining order, is a legal directive issued by a court to protect individuals from abuse, harassment, or violence. In Virginia, the process of obtaining a protective order involves several steps, from recognizing the need for protection to attending a court hearing. Here is a detailed guide to help you navigate the process.
#### 1. Understanding the Types of Protective Orders
In Virginia, there are three main types of protective orders:
- **Emergency Protective Order (EPO)**: This is a short-term order that can be issued by a judge or magistrate if there is immediate danger. It typically lasts up to 72 hours or until the next court session.
- **Preliminary Protective Order (PPO)**: Issued after filing a petition, this order lasts up to 15 days and offers temporary protection until a full court hearing can be held.
- **Permanent Protective Order**: If the court finds sufficient evidence of abuse or threat at the full hearing, it can issue a protective order that can last up to two years.
#### 2. Determining Eligibility
To be eligible for a protective order in Virginia, you must be a victim of one of the following:
- Family abuse
- Sexual assault
- Stalking
- Threats of bodily injury
The abuser can be a family or household member, a current or former spouse, someone you share a child with, or anyone who has committed an act of violence against you.
#### 3. Filing for a Protective Order
- **Visit the Courthouse**: Go to the Juvenile and Domestic Relations District Court (JDR) in the county where you live or where the abuse occurred. If the abuser is not a family member, you may need to go to the General District Court.
- **Obtain and Complete the Forms**: Ask the court clerk for the necessary forms to file for a protective order. You will need to fill out a petition detailing the incidents of abuse, including dates, times, and descriptions of the abuse.
- **File the Petition**: Submit the completed forms to the court clerk. The clerk will forward your petition to a judge for review.
#### 4. Attending the Ex Parte Hearing
After you file your petition, you will have an ex parte hearing, which means only you will be present before the judge. During this hearing, you will explain why you need protection. If the judge finds immediate danger, they will issue a Preliminary Protective Order (PPO).
#### 5. Serving the Abuser
Once a PPO is issued, it must be served to the abuser. This is typically done by law enforcement. The PPO will notify the abuser of the date and time of the full court hearing.
#### 6. Preparing for the Full Hearing
The full hearing usually takes place within 15 days of issuing the PPO. Prepare by gathering evidence, such as:
- Witnesses who can testify on your behalf
- Medical records or photographs of injuries
- Police reports
- Any other documentation of abuse
#### 7. Attending the Full Hearing
Both you and the abuser will present your cases at the full hearing. The judge will listen to both sides, review the evidence, and decide whether to issue a permanent protective order.
#### 8. After the Protective Order is Issued
If the judge issues a permanent protective order, ensure you understand its terms. Carry a copy with you at all times and provide copies to places like your workplace or children's school. If the abuser violates the order, contact law enforcement immediately.
#### Conclusion
Obtaining a protective order in Virginia is a critical step for ensuring your safety from abuse or threats. Understanding the process, from filing the petition to attending the court hearings, empowers you to take legal action to protect yourself and your loved ones.