Restraining and Protective Orders in Virginia

Norfolk VA Divorce Lawyers – Family Law Attorneys

There are many couples who get divorced and have no particular animosity toward one another. The marriage simply reaches the point where it is not working out, and both parties feel as though it is time to end it and move on. They work together on the terms of the divorce, place no particular blame on one another, and remain civil during and even after the proceedings. In many cases there are children involved when a couple gets divorced, and most people who are going through a divorce realize that they are going to have to interact with their former spouse for a long time to come. The best way to do that is to maintain a reasonably amicable relationship.

However, there are situations that are very different. There are those who seek a divorce to get out of a violent or abusive situation, and this behavior can often escalate when the abuser realizes that he or she is no longer able to control the victim. In these cases, the abusive partner may pose a threat while the divorce proceedings are underway. People who feel threatened in cases such as these can file for a restraining or protective order that brings law enforcement into the loop. These orders prohibit the individual who is posing the threat from making contact with his or her former partner.

When a person who is going through a divorce has been physically abused or stalked in Virginia the appropriate type of order to seek would be the Protective Order For Family Abuse through the Juvenile and Domestic Relations District Court. There are three different types of protective orders in Virginia: emergency, preliminary, and permanent. An emergency protective order can actually be put in place via the law enforcement officer who responds to a domestic violence complaint, and these remain valid for a period of 72 hours. The preliminary restraining order is good for up to 15 days, and of course the permanent protective order is self explanatory. When seeking a protective order, it is important to gather as much evidence as possible and be able to provide the court with a detailed chronology of the events that led to the filing.

If you are in need of more information about restraining and protective orders, contact a Norfolk VA family lawyer to arrange for a free consultation.