Civil Protective Order Lawyers in Virginia

In Virginia, protective orders are legal documents issued by a judge or magistrate to protect the health and safety of a person who is alleged to be a victim of any act involving violence, force or threat that results in bodily injury or places that person in fear of death, sexual assault or bodily injury. There are three types of family abuse protective orders: Emergency Protective Order, Preliminary Protective Order, and Final Protective Order.

An Emergency Protective Order may: 1) order the abuser to stop the abusive or threatening behavior; 2) prohibit the abuser from contacting the victim; 3) order the abuser removed from the home shared with the victim; and/or 4) provide any other relief necessary to protect the victim. An Emergency Protective Order lasts for 72 hours or until the next scheduled court date, whichever is later. If the victim seeks to continue the protective order, then he or she may petition a court for a Preliminary Protective Order before the Emergency Protective Order expires.

A Preliminary Protective Order may: 1) order the abuser to stop abusive or threatening behavior; 2) prohibit the abuser from contacting the victim; 3) order the abuser removed from the home shared with the victim; 4) grant exclusive possession of the home and/or jointly owned vehicle to the victim; 5) grant temporary custody and visitation of the children; and/or 6) provide any other relief necessary to protect the victim. A Preliminary Protective Order lasts for up to 15 days. At the Preliminary Protective Order hearing, a date is set for the hearing on the Final Protective Order.

A Final Protective Order may 1) order the abuser to stop abusive or threatening behavior; 2) prohibit the abuser from contacting the victim; 3) order the abuser removed from the home shared with the victim; 4) grant exclusive possession of the home and/or jointly owned vehicle to the victim; 5) require the abuser to pay for the victim and the children to live in another house; 6) grant temporary custody and visitation of the children; 7) require the abuser to go to treatment or counseling; and/or 8) provide any other relief necessary to protect the victim. A Final Protective Order may last up to 2 years.