Protective Orders in Virginia: A Comprehensive Guide
What Are Protective Orders?
In the Commonwealth of Virginia, a Protective Order is a legal injunction issued by a court to protect an individual from being harmed, harassed, or stalked by another individual. According to Virginia Code § 19.2-152.7:1, the protective order can prohibit acts of violence, force, or threat and criminal offenses that may result in injury to person or property.
Issuance Criteria: How Are They Granted?
The court issues a protective order based on a set of established criteria, which is often laid out in Virginia Code § 19.2-152.9. A judge must be convinced that there are reasonable grounds to believe that the person seeking the order has been, or is at risk of being, subjected to an act of violence, force, or threat. The judge can then issue different types of orders, including an emergency protective order, a preliminary protective order, or a full protective order, depending on the immediacy and severity of the threat.
Post-Issuance Scenarios
Once a protective order is issued, it becomes imperative for the respondent (the person against whom the order is issued) to strictly adhere to the conditions. Violation of a protective order can lead to criminal charges as per Virginia Code § 19.2-152.10. The order remains in effect for the duration specified, after which both parties may return to court to seek an extension or dissolution.
At the Court Hearing
At the court hearing, both parties present their cases, often represented by their respective attorneys. Evidence such as text messages, emails, or any recorded instances of abuse may be presented. Witnesses may also be called. The judge will consider all the facts and rule on whether to issue, extend, or dissolve the protective order.
Attorney Fees: Can You Recover if You Win?
Virginia law allows for the recovery of attorney’s fees in protective order cases under certain conditions. According to Virginia Code § 19.2-152.10, the court may award attorney fees and costs to either party, depending on the case’s merit and the financial resources of both parties.
In summary, protective orders serve as a crucial legal instrument to safeguard individuals from harm. Understanding the procedures for obtaining one, what happens after issuance, what to expect at the hearing, and the possibilities for recovering attorney fees are essential aspects for both the petitioner and respondent. Always consult a legal expert for guidance tailored to your specific circumstances.
