Virginia Domestic Violence Protective Orders: Basic Advice

September 22, 2010

One provision under Virginia law that people frequently misunderstand is the measure commonly known as a restraining order, which can be implemented by courts to protect victims of alleged domestic violence. While most people consider these laws to be a part of the criminal justice system like assault or battery charges, they are generally a matter of civil law. This means that they are private remedies that one person can seek against another. However, a person who violates a protective order can be subject to incarceration.

Because of the variety of relief that protective orders can grant, as well as the far-reaching consequences that they can create, parties who find themselves either pursuing an order (the "petitioner") or defending against one (the "respondent") should be familiar with their basic characteristics. From the duration of the order to the requirement of formal notice to the specific type of contact and personal liberties that are affected, protective orders are adaptable to diverse situations.

Distinct Provisions at Different Stages of the Process

Virginia law recognizes two general types of protective orders, depending on the relationship between the parties, whether they have children, and whether a criminal warrant has been issued: Family Abuse Protective Orders and Stalking, Sexual Battery, and Other Acts of Violence Protective Orders. Within each of these types, three levels of protection are available. One basic distinction among the three levels is whether notice to the respondent or their presence at a hearing is required before protection is granted.

In the case of an Emergency Protective Order, people who fear for themselves or their children's safety can obtain 72 hours of legal protection by explaining their predicament to a local Juvenile and Domestic Relations Court magistrate. In some cases, a law enforcement officer can obtain an emergency order on another person's behalf. The order must be served on the alleged abuser to take effect. People who find themselves the subject of an emergency order must adhere to its provisions for the duration.

Further protection is available under a Preliminary Protective Order, which requires the victim to submit a formal written petition to the court. This begins a fifteen day period leading up to a formal hearing at which the alleged abuser has an opportunity to present a legal defense to the continuation of the order. If the respondent does not appear at the hearing due to failure of notice, the order can be extended up to six months.

The most enduring form of protective order under Virginia law is the Permanent Protective Order, which can be designated to last as long as two years. Both the petitioner and the respondent must be allowed to present evidence at a formal hearing before a judge can grant a permanent order.

A Host of Consequences

A protective order can have a significant impact on the person from whom protection is sought. In addition to a requirement that the respondent cease abusive behavior, the court can order the person to:
- Refrain from contacting family members or other household residents
- Leave a home and grant temporary possession to the petitioner, regardless of ownership, or provide suitable alternative housing
- Maintain or restore home utilities
- Provide access to vehicles
- Attend counseling or substance abuse treatment
- Relinquish custody of children
- Provide temporary child support

In addition, federal law provides that subjects of domestic violence protective orders are forbidden to own, purchase or transport firearms, even for hunting or for a job as a security guard. A court order can also come up in future job applications that involve a background check. People accused of behavior that justifies a protective order should be aware that its effects can last a lifetime.

Experienced Counsel to Help You Pursue or Oppose a Court Order

The stakes are very high for anyone involved in this process, and full consideration of the consequences is a wise first step. By seeking the advice of experienced legal counsel, petitioners and respondents can make sure to take into account all aspects of the situation and be fully prepared for their day in court. A lawyer with a family law practice can also help you understand your other legal options, such as divorce or modification of existing custody and child support orders.

Article provided by Eddy Paul Rice, IV
Visit us at www.eddypaulrice.com