This is a Complaint pleading for use in litigation of the title matter. Adapt this form to comply with your facts and circumstances, and with your specific state law. Not recommended for use by non-attorneys.
Restraining Order Template Without Consent In Virginia
Instant download
Description
Free preview
Form popularity
FAQ
In order to be eligible for a protective order, you must have been, within a reasonable period of time, subjected to an act involving violence, force, or threat that results in bodily injury or places you in reason- able fear of death, sexual assault, or bodily injury. (See Code of Virginia §19.2-152.10).
For emergency protective orders, the court will also need proof that you or your children are in immediate danger. You or the law enforcement officer may need to give testimony under oath about this probable danger.
If the judge or referee believes you have adequately established the elements of a restraining order (more on that below), it can issue a temporary restraining order. If the order is issued without notifying the other person, it's called an ex parte order.
What is the Burden of Proof for a Protective Order? In protective order cases, the petitioner holds the burden of proof. Unlike in criminal cases where the petitioner must prove beyond a reasonable doubt, protection order case proofs are based on “preponderance of the evidence.”
3 Types Of Orders Of Protection And What You Need To Know Emergency Protective Orders. Temporary Restraining Order. Permanent Restraining Order.
In order to be eligible for a protective order, you must have been, within a reasonable period of time, subjected to an act involving violence, force, or threat that results in bodily injury or places you in reason- able fear of death, sexual assault, or bodily injury. (See Code of Virginia §19.2-152.10).
More info
How do I get a Preliminary Protective Order? You must fill out court forms.TO THE PETITIONER: Please provide your information on form DC-621, NON-DISCLOSURE ADDENDUM. This brochure is intended to provide summary information regarding family abuse protective orders and protective orders covering other non-family abuse. Information about protective orders for family abuse, protective orders for an act of violence, force, or threat, and substantial risk orders in Virginia. Filling out the forms online does not mean you have asked for a protective order. You must print and bring the forms to the correct court to file them. PDF fillable forms will be emailed to you; do not complete forms using the I-CAN website.