Getting a Restraining Order in Virginia Beach

If you or someone you love is being abused or threatened by another individual, getting a restraining order can provide legal protection from any future harassment.

In Virginia, restraining orders are court motions that restrict contact between an abuser and his or her victim, and are used to prevent the threat of harm to the victim. Depending on the type of restraining order you request, these orders can be used against any current or former spouse, family member, former partner, or anyone accused of stalking or causing you harm.

In cases where the abuser is a family member, a family restraining order can be used to limit contact between the abuser and victim. To qualify for this order, the abuser must meet the court’s definition of a family member—meaning he or she must be a former or current spouse, birth child, parent, sibling (including half and step siblings), in-law, grandparent, or grandchild. Family restraining orders can also be enacted against anyone you have a child with, as well as individuals with whom you were intimately involved.

You may also qualify for a restraining order for stalking, sexual battery, and serious bodily injury if your abuser is not a family member. To be eligible for this type of restraining order, however, you must report the abuser to the police for stalking, sexual battery, or causing serious harm.

Once you determine which type of restraining order is appropriate for your case, you will need to decide if you need an emergency, preliminary, or permanent restraining order.

If you need immediate protection, you may request an emergency restraining order from a judge or magistrate. These orders can be issued on weekends or during evening hours, and are valid for three days.

To qualify for a permanent restraining order, you must first petition the court for a preliminary order. You will need to provide evidence to support the allegations against your abuser. This order will last until your court hearing (approximately 15 days), but can be extended for up to six months if your abuser does not appear in court.  

After filing a preliminary restraining order, you may request a permanent, or final, restraining order. Despite its name, a permanent restraining order lasts only two years.  A full court hearing is required before a permanent restraining order can be issued.

If you are thinking about getting a restraining order in the state of Virginia, you may want to discuss your situation with an attorney before taking any action. Although you are not required to have an attorney present when you apply for a restraining order, having professional counsel can make the process less stressful.

To learn more about the restraining order application process in Virginia, contact attorney Michael C. Tillotson today for a free consultation.