Relationships, custody disputes and divorces can all be volatile, with emotions running high. The emotions can spill over into harsh words or abusive behavior. Virginia law allows courts to enter protective orders, both long term and short term, to protect individuals against family abuse. These protective orders can protect not only the party seeking the protective order but also any other members of the household, such as children, other family members, or roommates.
Virginia Code § 16.1-253.1 provides courts the statutory authority to enter “preliminary protective orders” in Virginia. A preliminary protective order is usually done ex parte, meaning without the alleged abuser present, and is done either on an affidavit by the petitioner or by sworn oral testimony of the petitioner. If the court finds that “within a reasonable period of time” the petitioner has been subjected to “family abuse,” … Read More »