Protective orders are a powerful tool against family abuse and potential violence. They are issued by the circuit court and are stringently enforceable. Based on the evidence provided by the petitioner, the court can grant them a protective order, which can also be applicable in child custody and visitation cases.
Understanding the Meaning of Family Abuse in Terms of the Legal Framework
In Virginia, family abuse essentially means any act of violence, such as physical, verbal, and emotional violence that can either result in physical harm or lead to a sense of impending doom. It can also mean a potential susceptibility to sexual harassment, child abuse, and negligence.
Looking Into the Important Things Included in a Family Abuse Protective Order
One of the most vital factors included in a protective order of this nature is a no-contact provision. This essentially legally prohibits the respondent (or the perpetrator) to cease all communications and physical contact with the victim or petitioner. This includes ceasing activities such as posting on the victim’s social media, contacting them from different numbers, writing letters, calling them, and more.
In addition, the order also comprises a proximity barrier for the respondent making it illegal for them to come close to the victim or their child, for example, within 100 or 200 feet of the child’s school, the victim’s residence, or workplace.
In addition, if the respondent and the victim share a residence, the former can be legally ejected from the premises until the case is settled or if the court orders the respondent to seek rehabilitative care such as taking anger management classes or drug rehabilitation.
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Every situation is different. If you have questions about how Virginia law applies to yours, contact the Law Office of Miles Franklin to schedule a consultation.
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