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You do not need a lawyer  or an attorney to file for an Order for Protection. However, you may wish to have a lawyer or an attorney, especially if your abuser has a lawyer or an attorney. If you can, contact a lawyer or an attorney to make sure that your legal rights are protected.

Protective Order- Virginia

Who is eligible to seek a Protective Order?

If a family or household member is abusing you, you can seek a protective order.

According to the law ( VA Code §16.1-228), a “family or household member” may be any of the following:

• the person’s spouse whether or not he or she resides in the same house with the person;
• the person’s former spouse, whether or not he or she resides in the same home with the person;
• the person’s parents, stepparents, children, stepchildren, brothers, sisters, grandparents and grandchildren regardless of whether such persons reside in the same home with the person;
• the person’s mother-in-law, father-in-law, sons-in-law, daughters-in-law and sisters-in-law, who reside in the same home with the person;
• any individual who has a children in common with the person whether or not the person and that individual have been married or have resided together at any time;
• any individual who cohabits or who, within the previous twelve months, cohabited with the person, and any children of either of them then residing in the same home with the person.

There is no cost for getting a protective order. It is not necessary to hire an attorney, however, you may decide to do this if the other party has an attorney.

A protective order is only effective if it has been served on the abuser. Stay in touch with local law enforcement to find out when the protective order has been served.

You do not have to swear out a warrant to get a Protective Order.

The abuser may or may not be arrested or charged with a crime if you get a Protective Order. A possible charge may be for assault (threat of harm) and/or battery (causing physical harm). If there is an arrest, jail time is often suspended or minimal for first offense. The court dates for the protective order and the criminal charges may be on different days, or they may be combined.

The abuser will be charged with a crime if he/she violates the Protective Order.

For more information call 800.838.8238 or email Hotline@vsdvalliance.org. E-mail is not a secure form of communication. To ensure confidentiality please call the Family Violence & Sexual Assault Hotline at 800.838.8238 (V/TTY).

 

Protective Orders in cases of Stalking

Another reason a protective order may be necessary is in cases of stalking. Stalking is defined in VA Code §18.2-60.3 -- when a person “on more than one occasion engages in conduct directed at another person with the intent to place, or when he knows or reasonable should know that the conduct places, that other person in reasonable fear of death, criminal sexual assault, or bodily injury to that other person or to that other persons family or household member is guilty of a Class 1 misdemeanor.”

Whom to talk with if you are being abused :

• Police / law enforcement officer
• 911 for emergency assistance
• Your local domestic violence program
• Court Service Unit
• Juvenile and Domestic Relations Court
• Magistrate
• Victim Witness Program
• Family Violence and Sexual Assault Hotline Statewide (1-800-838-8238)
• Compensation for Victims of Crime
• Department of Social Services
• Doctor/ Health Care Professional
• Family members and/or friends

Toll-Free Numbers and Internet Resources

Battered Women’s Justice Project 1-800-903-0111

National Domestic Violence Hotline 1-800-799-SAFE (7233)

National Center for Victims of Crime 1-800-FYI-CALL (394-2255)

Volunteer Lawyers Project 1-800-442-4293

VA State Bar Lawyer Referral Service 1-800-552-7977

Virginia Family Violence & Statewide Hotline 1-800-838-8238

Virginia Crime Victim Assistance Information Line (PDF) 1-888-887-3418 (M-F 9am-5pm)

For more information call 800.838.8238 or email Hotline@vsdvalliance.org. E-mail is not a secure form of communication. To ensure confidentiality please call the Family Violence & Sexual Assault Hotline at 800.838.8238 (V/TTY).

What you can ask for when petitioning for a Protective Order

You can ask the judge to forbid your abuser from committing any further acts of abuse against you.

You can ask the judge to forbid the abuser from having any contact with you. If you feel that it is necessary to maintain contact with your abuser for limited purposes, (for example, to arrange visits with your children or to deal with essential business matters) you can ask the judge to forbid all contact with you except for specific, limited purposes such as those mentioned above.

You can ask the judge to forbid the abuser from having any contact with other members of your family or household.

You can ask the judge to do either of the following:

A. You can ask the judge to forbid the abuser from living in your current mutual home. In legal terms, this is known as granting you “exclusive possession of the home.” You and your family could stay in the home and your abuser would not be allowed to stay there. You would be able to remain in the home as long as the protective order is in effect if your name is not on the lease or mortgage. In order to stay longer, you would need to make a request in a separation agreement or divorce settlement.

OR

B. If you do not want to remain in your current home, you can ask the judge to order your abuser to pay you a specified amount each month so that you can live somewhere else. In legal terms, this is known as ordering the abuser to provide you “suitable alternative housing.” In order to request this, you should be prepared to request a specific amount per month at the hearing and show why you need that much for housing.

You can ask the judge to allow you to use a car that is jointly owned by you and your abuser. The judge can also order your abuser not to use the car. In legal terms, this is known as “exclusive possession of a motor vehicle”. You will be able to use the vehicle only during the time the protective order is in effect. The protective order will not change who has the right to the car once the protective order has expired. If you request this, you should be prepared to show at the hearing why you need the car more than your abuser.

You can ask the judge to order your abuser to participate in treatment or counseling (for example, batterer intervention programs, anger management, or substance abuse programs).

You can ask the judge to grant to you temporary custody of your children. The judge can also give the abuser (or you, if you are the non-custodial parent) specific visitation rights. Custody or visitation rights under a protective order will only be temporary, until a new order can be arranged in court. *** If you are seeking custody as part of a protective order, it is strongly recommended that you talk with an attorney about your options. An attorney can tell you best how to proceed after the protective order hearing.

You can ask the judge for any other relief that you believe is necessary to protect you and your family or other household members.

You can ask the judge to make the protection order last for up to two (2) years. (This is the longest period of time the judge can make it last)

For more information call 800.838.8238 or email Hotline@vsdvalliance.org. E-mail is not a secure form of communication. To ensure confidentiality please call the Family Violence & Sexual Assault Hotline at 800.838.8238 (V/TTY).

If Your Protective Order is Violated

If your protective order is violated, call your local police department RIGHT AWAY and ask that a report be made. Do not wait several hours or until the next day. The police will be able to make an arrest quicker if they know about the violation as soon as possible.

The protective order will say what your abuser is not allowed to do (i.e. come to your home or work, call you at home or work, etc.) If any of these things are done, there has been a violation of the protective order. A violation of a protective order is a Class 1 misdemeanor. Other charges may be added such as contempt of court (not doing what the judge said to do).

Always keep a copy of your protective order with you and give a copy to your employer. Also, try to always have your own identification with you at all times

If the violation happens in another town from where it was given , you can still call the police in the location where you are. Show your protective order to the police and explain how the protective order was violated.

If your protective order was issued from a state other than Virginia , the courts in Virginia will honor the protective order. Take a copy to the police station where you are staying in Virginia so it will be on record. Always keep a copy with you. This will help police officers to enforce it more quickly if there is a violation.

If the violation was in person, try to give a description of what your abuser was wearing, the type of car, license plate, and direction he/she left the scene.

If the violation was over the phone , give the time of the call, where the call was made from if you know (number from caller ID), tell what was said, and record the call if you are able. If someone was with you when the call came in, or if a receptionist took the call for you, ask the person to be a witness for you.

For more information call 800.838.8238 or email Hotline@vsdvalliance.org. E-mail is not a secure form of communication. To ensure confidentiality please call the Family Violence & Sexual Assault Hotline at 800.838.8238 (V/TTY).

The information on this website is for informational purposes only and does not constitute legal advice.  

For more information about protective orders for the state of Virginia, check out  http://www.womenslaw.org/VA/VA_how_to.htm  for more information.   The information above was gathered from http://www.vadv.org/secGetHelp/protectiveorders.html .