Preliminary Protective Order FAQs in Virginia
For alleged victims, a domestic battery case is often a temporary solution. Most Loudoun County-area law enforcement agencies place a twenty-four hour hold on domestic violence defendants. So, these people cannot make bail until they serve at least twenty-four hours behind bars. However, they’re usually free during the pretrial process and often receive probation.
In many cases, a protective order is a permanent solution. However, the process is very complex, and many people have many questions about it. A Leesburg criminal defense lawyer helps ensure that alleged victims are fully aware of their legal rights in these situations. Usually, police officers must inform alleged victims of their right to apply for protective orders. But only a lawyer effectively guides these applications through the legal process.
What are Protective Orders?
These orders are legal documents issued by a judge or magistrate 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.
What Kinds of Protective Orders are Available?
An Emergency Protective Order expires at the end of the third day following issuance or the next day court is in session, whichever is later. Common provisions include keep-away orders and related prohibitions.
Preliminary Protective Orders last fifteen days or until a judge holds a full hearing. Common provisions include not only basic EPO provisions but also kick-out orders that exclude a defendant from a shared residence, even if s/he pays the rent or mortgage. Other provisions include firearm possession prohibitions and family support provisions.
Full Protective Orders, which are usually extensions of PPOs, may last up to two years, or even longer in some cases.
Where Do I Go to Request a Preliminary Protective Order?
If the person from whom you want protection is a family or household member or a juvenile, or if you are a juvenile, you should go to the juvenile and domestic relations district court. Otherwise, you should go to the general district court.
How Do I Get a Preliminary Protective Order?
If this matter will be in the juvenile and domestic relations district court, you file the forms with the Court Services Unit. If it will be in the general district court, you file the forms in the general district court clerk’s office. You , or your Leesburg criminal defense lawyer, then may go into a courtroom where a judge may ask you questions to decide whether to give you a Preliminary
Protective Order.
How Much Does it Cost to File for a Protective Order?
Nothing.
What Proof Do I Need?
You should bring the name, address and identifying information of the person from whom you are seeking protection and a full description of the event that led you to seek a protective order. The address should be the place where the person can be found and not a P.O. box. You should also bring your copy of any Emergency Protective Order and information about any warrant or petition alleging an act of violence, force or threat, if either was issued.
When Does the Preliminary Protective Order Take Effect?
A Preliminary Protective Order is not effective until the person is personally served, meaning that a law enforcement officer or court official gives the Preliminary Protective Order to the person from whom you want protection. You should give law enforcement information about how to find the person.
Count on a Savvy Loudoun County Lawyer
There’s a big difference between an arrest and a conviction in criminal law. For a confidential consultation with an experienced criminal defense attorney in Leesburg, contact Simms Showers, LLP, Attorneys at Law. Convenient payment plans are available.
Source:
sheriff.loudoun.gov/1968/Domestic-Violence-Sexual-Assault-Service
