A protective order or restrictive injunction is brought out against thdose convicted with criminal offenses involving domestic violence, sexual assault, assault, and child abuse. Violating the emergency protective order is in itself a criminal offense and punishable as a Class 1 misdemeanor or a Class 6 felony depending on the severity. To comprehend the emergency protective order Virginia in detail, connect with extremely perseverant lawyers at The Law Offices of SRIS, P.C. An Virginia emergency protective order, also known as the restraining injunction VA, is issued by the magistrate or judge.
An Emergency protective order is issued to safeguard the health and life of victims suffering from violence, sexual assault and continued threat. The stalker will be given an order to maintain a certain distance from the victim and avoid any kind of contact over a specified period of time. Restraining injunction VA serves to be a life-saving boon to victims who wish to put an end to the continued physical and mental abuse they have been suffering for months (and even years).
The emergency protective order Virginia also gives victims the right to call for a law enforcement officer if there are chances that the offender is violating the decree. When facing continued life-threatening situations, it’s time to step up and request for some legal assistance. The victim has all the rights to request for an emergency protective order and put a complete end to the suffering.
The Importance of Legal Representation for Accused Individuals with EPOs
It can be quite stressful to be under an Emergency Protective Order (EPO). These orders limit your communication with someone while a court makes a decision. They are issued promptly in situations where there may be harm. Without legal representation, navigating this legal minefield as the accused can leave you feeling helpless and exposed. Here’s why having legal counsel in these circumstances is essential:
Understanding the Complexities: EPOs entail complex legal processes and time constraints. A lawyer makes sure you fulfill all the requirements and defends your rights all along the way.
Presenting Your Side: EPOs frequently rely on incomplete or biased data. A lawyer assists you in gathering information and crafting a strong case that emphasizes your viewpoint.
Protecting Your Future: EPOs can have long-term effects on your relationships, employment, and even your ability to buy a firearm. An attorney strives to reduce these effects and pursues a successful resolution.
Navigating the Court System: The courtroom process can be frightening. Throughout the procedure, your attorney helps you understand legalese and represents your interests before the judge.
Emotional Support: It can be emotionally taxing to face a code of Virginia emergency protective order. Your attorney helps you manage the stress and make wise decisions by providing advice and assistance.
Remember that an emergency protective order virginia might have a big influence on your life, even if you think you’re innocent. Don’t take on this difficult legal obstacle by yourself. Obtain legal counsel from The Law Offices Of SRIS.P.C. to make sure your rights are upheld. You may fight for a just settlement and manage this challenging circumstance with the assistance of an experienced attorney.
Types of Protective Orders in Virginia
There are 3 types of restrictive injunction that the victim can use for protection against violence or abuse.
Emergency Protective Order (EPO) Virginia
A Virginia emergency protective order is a temporary decree issued by the magistrate or judge to protect the victim from potential threats or abuse by the accused. It is valid for seventy-two hours and is brought to immediate effect after testifying the potential harm they are capable to inflict upon the victim. The time and date of expiry will be mentioned in the decree and the victim will be granted the rights to contact officers if the victim finds the ruling being violated in any manner. Virginia code explains the situations that are considered eligible for applying restrictive injunction.
Preliminary Protective Order (PPO)
A PPO is a temporary protective order as specified in the Virginia Code. To avail a PPO the victim has to file a petition or request in court. The victim can either do it on their own or with the help of a lawyer. Both the emergency and the Preliminary protective order are temporary decree; the key difference is that a PPO can be brought to effect only if the victim has suffered violence for a significant period of time. A PPO is valid for 15 days and if the victim wishes for a permanent protective order (PO), they will have to file for a PO and have the hearing held within these 15 days.
Permanent Protective Order (PO)
According to, a code of Virginia emergency protective order is issued for a maximum of two years against the person convicted with domestic violence and assault. If the court feels it necessary, the PO will be extended for another two years. The opportunities and procedures associated with PO are quite different from Preliminary and Emergency Protective Order. The validity period too is quite greater than the previous 2 restrictive injunction. Before issuing a permanent protective order, the judge will determine whether the abuse occurred as mentioned and defined in the Code of Virginia.
A protective order prohibits the offender from having any form of contact with the victim. If they happen to violate the Virginia emergency protective order in any manner, then they will be subjected to separate criminal charges. A maximum jail sentence of 12 months and a fine of $2500 could be imposed upon the violator.
Provisions included in Order
Whether it is an Emergency or a code of virginia emergency protective order, they carry numerous provisions:
Unless permitted by the court, the offender will be prohibited from contacting the victim in any manner. Stalking, texting, calling, emailing and disturbing in any manner will be considered as means of contact. Protective Order is applicable to children as well. Hence, the offender being served with the emergency protective order virginia must avoid making contacts with minor children.
Provision of Peaceful Contact
With due permission from the court, the offender will be allowed to talk to the victim under close supervision.
Provision to Stay Away
Be it school, work place, home or public locations, the offender has to maintain maximum distance from the victim. The distance is based on the severity of the violence they committed. In most of the cases a distance between 100 and 300 feet is set as the distance limit.
Moving Out Provision
The moving out provision is quite similar to the stay away provision. The only difference is that it will also require the offender to move out of the house if the victim and offender have been cohabiting previously.
In addition to all these, the judge will ask the offender to attend a professional counseling or a therapy session on anger management. The law is enforced in every state in the US. If the offender violates the protective order outside the state where the verdict was issued, then the victim must ensure to have it immediately reported to the authorities.
If living in Virginia and need assistance with matters related to emergency protective order or any kind of family disputes, then contact the lawyers at The Law Offices of SRIS, P.C. Talk with our lawyers today and we will immediately schedule a consultation!
Can I get rid of a Protective Order in Virginia if things get better?
Yes, the petitioner can request that a protection order be dropped or dismissed, but the court will evaluate the case to guarantee the victim’s safety.
What information is needed to get a Preliminary Protective Order in Virginia?
When filing for an emergency protective order Virginia, personal information, a thorough account of occurrences, and supporting proof may be required.
In Virginia, how long does a Temporary Protective Order last?
An EPO in Virginia is typically valid for 72 hours, providing immediate safety while a more permanent remedy is explored.