Protective orders are issued by a judge or magistrate to protect an individual or individuals 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.
First, there are Emergency Protective Orders or EPO’s. EPO’s are statutorily authorized by §19.2-152.8 and §16.1-253.4. EPO’s can be issued at any time by a judge or magistrate. Law enforcement officers may request an emergency protective order in person, or by electronic means. An EPO expires at the end of the third day following issuance or the next day court is in session, whichever occurs later.
Second, there are Preliminary Protective Orders or PPO’s. PPO’s are statutorily authorized by §19.2-152.9 and §16.1-253. Only a judge can issue a PPO. You must obtain a PPO within a short time after you have been the victim of violence, force or threat. You will be required to give a sworn statement to obtain a PPO. Most people do not realize that you do not have to have an EPO to get a PPO. Additionally, the hearing can be done ex parte, meaning the respondent does not have to be present. A PPO lasts for 15 days, or until the final PO hearing.
Third, there are Protective Orders or PO’s. A judge can grant a PO that lasts for up to two years. In some very particularized situations a judge can issue a PO for a longer period of time. To get a PO, you have to go to the final hearing. Both parties are given the opportunity to present evidence and testify. If granted, the PO can also be extended for an additional two years, if a judge finds that there is a need to extend the PO.
Tony Quitiquit, Brian Tacey, and Adam Jurach regularly handle Protective Orders around Virginia. For additional basic information we have provided a quick worksheet. After reviewing contact one of our experienced Protective Order Attorney’s. To contact us, please complete this form and we’ll respond as soon as we are able.
The content of this Blog/Web Site does not constitute legal advice. Because legal advice must be tailored to the specific circumstances of each case and laws are constantly changing, you should seek the assistance of licensed and competent legal counsel for specific legal advice.