Protective order vs Restraining order virginia
In the state of Virginia, individuals seeking legal protection from abuse or harassment have the option of obtaining either a protective order or a restraining order. While these two types of orders serve similar purposes, there are key differences between them that individuals should be aware of.
What is a Protective Order?
A protective order, also known as a "protective order" or "order of protection," is a legal document issued by a court that aims to protect individuals who have been subjected to domestic violence, stalking, or sexual assault. In Virginia, protective orders can be obtained through the Juvenile and Domestic Relations District Court or the General District Court.
Types of Protective Orders in Virginia
Emergency Protective Order: This type of protective order can be issued by law enforcement officers immediately following a domestic violence incident. It provides temporary protection for the victim until a more permanent order can be obtained.
Preliminary Protective Order: A preliminary protective order is issued by a judge after a hearing to determine whether the victim is in imminent danger of further harm. This order is valid for up to 15 days.
Permanent Protective Order: A permanent protective order is issued after a full hearing, where both parties have the opportunity to present evidence and testimony. This type of protective order can last for up to two years, with the possibility of renewal.
What is a Restraining Order?
A restraining order, on the other hand, is a legal document that prohibits an individual from engaging in specific behaviors or contacting another person. Unlike protective orders, which are often used in cases of domestic violence, restraining orders can be used in a variety of circumstances, such as neighbor disputes, workplace harassment, or stalking.
Types of Restraining Orders in Virginia
Civil Restraining Order: A civil restraining order is typically obtained through the General District Court and is used to prevent harassment, intimidation, or other unwanted behaviors.
Criminal Restraining Order: A criminal restraining order is issued as part of a criminal case, such as a case involving stalking or harassment. This type of restraining order may come with additional penalties for violation.
Key Differences Between Protective Orders and Restraining Orders
Scope of Protection: Protective orders are specifically designed to protect individuals who have been victims of domestic violence, stalking, or sexual assault, while restraining orders can be used in a broader range of situations.
Process of Obtaining: Protective orders often require a hearing where both parties have the opportunity to present evidence, while restraining orders may be obtained more quickly and with less formalities.
Duration: Protective orders typically have a longer duration, lasting up to two years in Virginia, while restraining orders may be temporary or have a shorter validity period.
In conclusion, both protective orders and restraining orders serve the important purpose of protecting individuals from abuse and harassment. Understanding the differences between these two types of orders can help individuals choose the right legal avenue to seek protection in their specific situation.
