Emergency Protective Orders (Va. Code §19.2-152.8): The court can issue an emergency protective order against the accused stalker pursuant to §19.2-152.8 prohibiting contact with the alleged victim or a family member. In Virginia, you can obtain a restraining order application either from your county clerk's office or by downloading the form from Virginia's judicial website. Protective Orders vs Restraining Orders in Virginia Some states differentiate between protective orders and restraining orders. An emergency protective order under Virginia Code Section 16.1-253.4 may prohibit the abuser from contacting the victim, entering the victim’s home or apartment (even if shared), or abusing the victim in the future. A Protective Order issued under Virginia Code §16.1-279.1 can have sweeping ramifications for the Respondent. Protective orders, sometimes called restraining orders, help protect victims of violence and other forms of abuse. In Virginia, a restraining order or protective order is a legal document issued by a judge 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 … Any judge of a circuit court, general district court, juvenile and domestic relations district court or magistrate may issue a written or oral ex parte emergency protective order pursuant to this section in order to protect the health or safety of any person. No adult may be committed to a mental health facility under this section. 4. Creating a Report: Check the sections you'd like to appear in the report, then use the "Create Report" button at the bottom of the page to generate your report. Adult protective services may be provided through an appropriate court order only for a period of 15 days. Such other conditions as the judge or magistrate deems necessary to prevent (i) acts of violence, force, or threat, (ii) criminal offenses resulting in injury to person or property, or (iii) communication or other contact of any kind by the respondent; and. Any judge of a circuit court, general district court, juvenile and domestic relations district court or magistrate may issue a written or oral ex parte emergency protective order pursuant to this section in order to protect the health or safety of any person. issuance of an Emergency Protective Order, unless rebutted by the victim. In Virginia, a restraining order or protective order is a legal document issued by a judge 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. Virginia is also available in Spanish. provisions in another existing protective order remain in effect and take precedence if they are more restrictive than the provisions in this emergency protective order. E. Upon receipt of a petition for an emergency order for adult protective services, the court shall hold a hearing. J. Virginia is a free online program that provides assistance with the preparation of court forms required to file for a protective order. If the expiration of the 72-hour period occurs at atime that the court is not in session, the emergency protective order shallbe extended until 5 p.m. of the next business day that the court which issuedthe order is in session. jurisdiction of the Virginia Occupational Safety and Health program as described in 16 Va. Admin. 749, 1011; 2018, cc. Such notice shall be given at least 24 hours prior to the hearing for emergency intervention. If it is determined that the adult is indigent, or, in the determination of the judge, lacks capacity to waive the right to counsel, the court shall locate and appoint a guardian ad litem. In Virginia, these terms are used interchangeably—though the proper legal name of the order is Protective Order. One copy of the order shall be given to the alleged victim of such crime. Often, especially when there are shared children or especially in a situation where perhaps the individual has their own vehicle or has their own house and for whatever re… 569, 684; 1999, c. 371; 2001, c. 474; 2002, cc. A. Pursuant to Va. Code § 16.1-241(M), the judges of the Juvenile and Domestic Relations In order to be eligible for a protective order, you must have been, within a reasonable period of time, subjected to an act involving violence, force, or threat that results in bodily injury or places you in reason- able fear of death, sexual assault, or bodily injury. 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