Where Can I File a Restraining Order in VA

What is a Restraining Order?

A restraining order more commonly called a protective order refers to a judicial order that bars a person from performing a harmful act. The nature of the threat can vary from the threat or act violence or sexual assault. Most commonly it is being used in the family used. If a person wishes to get a restraining order in Virginia, he can either get a hard copy from the county’ clerk’s office, or a soft copy can be downloaded from Virginia’s judicial website. Many helpful websites assist you in form completion.

What kind of Harm Qualifies for a Restraining Order?

Obtaining a restraining order involves demonstration in front of the judge that the respondent has subjected the petitioner to some kind of either act or threat of violence. Another way to around is by showing the judge that he has been a subject of an arrest warrant for committing crimes such as violence. The judge has to be firmly convinced that this protective order is necessary to protect the respondents himself or his family from the potential threat from the offender.

In cases of family abuse, one needs to demonstrate well in front of the judge that the petitioner has been a subject of family abuse. Family abuse as defined under respective Virginia code sections can consist of violent acts or threats, sexual assault, detention of a family member against his will, or even stalking. It requires a reasonable period to be passed before the petitioner files for a protective order. And it is equally important that the request should clearly indicate that it is necessary for the physical and mental well-being of you or your subsequent family.

The relief that is obtained through a protective order depends up on the type of the protective order. A full Protective order has the power to send your respondent to the rehabilitation of their mental health, or one might get a hold of temporary custody of their child by virtue of a restraining order. But emergency and preliminary protective orders which are essentially designed to last for a short while cannot result in much relief until the judge rules in favor of the petitioner for a full restraining order.

Filing your Request for a Protective Order

The form DC-383 needs to be filled out for a general protective order if a person believes himself to be present in a threatening situation that needs to be addressed by the law enforcement agencies. There are multiple sites assisting you with filling process.

While the Form DC-611 needs to be filled out if the person thinks he or his family member has a victim of family abuse.  One can even have the choice of the court as to where they need to file the petition at.

It is necessary that one fills the required fields which ask for respondent contact information and further areas of the form that ask the petitioner about how he or she has been harmed or has there only been a threat of harm. Appropriate columns need to be picked if filing for a protective order regarding family abuse. Once you check the box for preliminary protective order, you will have a court hearing to decide to decide whether a full protective order is needed or not.