There are a lot of scenarios where an individual can file a petition for a protective order against their spouse or any other family member, especially when it comes to cases of domestic violence or when the life of the individual and/or their child is under threat.
What Constitutes a Protective Order in the Commonwealth of Virginia?
An individual can file a petition for a PO in Virginia if they have been a victim of family abuse by their spouse or any other relative or family member. This can include people such as:
- The husband/wife
- An ex-spouse
- Stepparents, biological parents, or grandparents
- Stepchild, biological child, or grandchild
The Length of a PO in Virginia
There are different types of protective orders that are issued in Virginia, each comes with a different timeline. For instance, a permanent protective order, also referred to as a full PO, has a duration of two years from the time it was issued. In addition, the judge also reserves the right the extend the PO if the petitioner is still in distress, threat, or danger.
A preliminary PO has a timeline of 15 days, which can also be extended as seen fit by the judge. An emergency protective order, on the other hand, has a timeline of 72 hours. This can also be extended as per the wishes of the judge if the victim has undergone severe injuries or is in the hospital.
Questions about your estate plan?
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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