Filing for a restraining order or protective order in Virginia is not something which is very hard, but you need to be very specific about what kind of restraining or protective order you are seeking. Restraining order comes directly from the Court, and there can be no changes or amendments from your side or any of the lawyer as well. The Court or the Magistrate decides after looking thoroughly into the case and decide if the accused person should get a restraining order against him/her or not. To make it clear, the restraining order is in favor of the person who filed the case and is seeking for the protection and safety. A restraining order can come in favor of an individual or a whole family including juvenile, parents or siblings, depending completely on the severity of the case and the situation.
Know when you want to file an Order
The reasons behind filing a restraining order can be different, based on different situations.
- Conduct Order
Conduct order is based on some specific acts, to stop them you have to file for it. All of the names included in the restraining order will get “protection” via order if any of these things happen.
Calling, texting or sending any message
Attacking or battering
Destroying any property (personal)
Destroying the peace of the people who got restrained order or about to
- Stay Away Order
The restraining order forces the accused person to stay away from the protected person. The Court mentions the distance as well; (50 to 100 yards). The accused person can’t go near to the protective person in these situations;
The place where a protective person lives
The workplace of the protective person
School or workplace of protective person’s children
The car or any vehicle protective person own
Another necessary place where he/she goes to
- Exclusion from Home Orders
The order for the restrained person to move away from the protective person lies under this category. The Court tells the restrained person to leave the residence in which the protective person is living and gives no option for sharing as well. Although, the restrained person can take their clothes and personal items as well. This kind of cases usually happens when the other person attempts or do domestic violence or adult abuse. The results for not following the orders can be very serious and harsh for the restrained person.
Ban on going to certain places and even on certain things to do.
Leave your house and live somewhere else until the case is going on.
Might affect the contact with the children.
No more rights to buy a guy and even if the person owns one, they have to sell it.
If he/she hasn’t got a green card or permanent residency card, it might affect their immigration status as well.