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How do you get a permanent protective order?

| Apr 26, 2019 | Uncategorized |

A permanent protective order is issued by a judge. It can last up to two years. It can be extended by a judge for an additional two years.

How do you obtain a permanent protective order? At the preliminary protective order hearing, if the Judge grants you a permanent protective order, a hearing date to obtain a permanent protective order will be scheduled. You must appear at the permanent protective order hearing date.

At the permanent protective order hearing, you should have an attorney. You do not need an attorney, but it is advised. You will be given the chance to put on evidence to support your case that:

“Family abuse” means any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury and that is committed by a person against such person’s family or household member. Such act includes, but is not limited to, any forceful detention, stalking, criminal sexual assault in violation of Article 7 (§ 18.2-61 et seq.) of Chapter 4 of Title 18.2, or any criminal offense that results in bodily injury or places one in reasonable apprehension of death, sexual assault, or bodily injury.

What kind of evidence do you need? First read the above statute very carefully. Put on evidence-testimony–that meets the statutory requirements:

  1. The offender who committed the act is a family or household member; AND
  2. The offender committed an act that falls within the definition of the statute above.

You should be able to orally tell your story. Describe your relationship with the offender. Describe in detail prior history of violence by the offender. Describe in detail what happened. Try to be as detailed as possible. Make sure your testimony corresponds with any affidavit you may have previously completed. Ask the court what you want the court to do. Bring evidence with you, such as emails, text messages, pictures, audio tapes, videos, and witnesses. Describe if there is alcohol use, drug use, or possession of firearms by the offender.