WHAT IS THE DIFFERENCE BETWEEN A PROTECTION AND RESTRAINING ORDER?

Sometimes situations occur in families where one has to seek protection from the abuser by the court rulings. In Virginia, such orders that are granted in case of family abuse are called protection orders. The public uses the term ‘restraining order’ for the ‘protection order’. It is the order that is designed to restrict the abuser from contacting the petitioner or petitioner’s family or friends. The protective order puts various restraints on the abuser as decided by the judge.

There are three main types of protective orders for family abuse that are present in Virginia State.

  • Emergency Protective Order
  • Preliminary Protective Orders
  • Permanent Protective Orders

Emergency Protective Order

When a person is in an immediate danger, he/she can get the emergency protection orders by the judge on the immediate basis. Emergency orders can be granted even after the business hours and are valid for a period of 72 hours i.e. 3 days. These orders can be granted ex-parte meaning the abuser need not be present at the time of issuance of emergency protective orders. If the order expiry at a time when the court is not in session, then the order will be expired on the next court hearing session time. Copy of emergency protection order is sent to the police department to restrict the abuser reaching to the victim.

Preliminary Protective Orders

The petitioner files an application through the court clerk for the grant of preliminary order. The victim must be present at the time of filing for the application form for the protection order. The preliminary order lasts up to 15 days and can be extended for up to 6 months. The extension is granted if the abuser does not show up for the full court hearing. The court conducts full hearing sessions and both parties show up with their lawyers for the case proceeding.

Permanent Protective Orders

Permanent protective orders last up to two years. Permanent orders can be granted only after the full court hearings.

Before the issuance of final or permanent protective order, the respondent is also given full opportunity to share his/her side of the story.

The impact of restraining orders is huge and penalties are there for violating protective orders.

The protective order in family abuse puts various restraints on the respondent. Restraining order restricts the abuser from reaching or harm the petitioner in any way. The order restricts the respondent from contacting the petitioner’s children or his/her family and friends. The restraint is put for preventing the contact of the abuser even by the phone call.

Restraining order forbids the respondent from keeping a firearm. The police practice the restraining order to take away the respondent from the home to avoid any further damage to the petitioner. The respondent is ordered to return all the belongings of the petitioner. If both parties have children together then the judge will decide where and how the children will be kept during the case. The judge can order both parties to restrict themselves from traveling out of the city or state or country with children. Meetings with the children might be under supervision as decided by the judge.

One must not misuse the restraining order against other.

If you wish to consult an SRIS Law Group, P.C. attorney, call us at 888-437-7747.