Victims of domestic violence often need specific legal protection against a person who has been abusing them. In Virginia, getting a protective order can help to establish enhanced legal protections accordingly. Individuals who need to obtain a protective order must turn to the court to have an order put into place.
The primary purpose of a protective order is to give a victim of abuse some legal backing by requiring the alleged abuser to avoid contacting them in any manner. This legal restriction can be upheld by police officers and the criminal justice system. It can require the abuser to avoid going to where the victim works or goes to school. It may also require them to leave a shared residence.
What are the 3 types of protective orders?
Virginia has three specific types of protective orders that victims may seek:
- Emergency Protective Order (EPO): An emergency protective order is a short-term order that’s issued by a magistrate or judge to provide protection until the next court session, which usually occurs within 72 hours.
- Preliminary Protective Order (PPO): A PPO is issued by a judge after the victim files a petition and provides evidence of the threat or abuse. It typically lasts 15 days until a full hearing can occur.
- Permanent Protective Order: The judge can issue this if there’s sufficient evidence of abuse. Despite the term “permanent” in this order, it actually lasts only two years. It can be extended if necessary.
Victims can seek personalized legal guidance when securing any of these protections.
When is a protective order appropriate?
A protective order is appropriate in situations where an individual is experiencing abuse, threats or harassment, including domestic violence, stalking or sexual assault. They are essential in helping victims establish legally-enforceable physical and practical boundaries against those who are a threat.
Parents sometimes find themselves navigating situations that involve children who also need the safeguards afforded by a protective order. If an adult receives a protective order, their children can also potentially be covered by the terms of that order.
Discussing a protective order situation with a legal professional who’s familiar with these matters can help individuals to determine how to move forward with their case. Making contact in ways that will not place abuse victims at greater risk is important.