West Virginia Sample Letter requesting Protective Order for Documents
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How to fill out Sample Letter Requesting Protective Order For Documents?
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FAQ
Protective orders issued pursuant to § 16.1-279.1 in cases of family abuse and orders entered pursuant to § 16.1-278.2 are final orders from which an appeal may be taken.
A Virginia protective orders can be vacated or modified at any time, either by the court that issued it or the court to which a person may have the ability to appeal.
Any person who violates such a protective order by furtively entering the home of any protected party while the party is present, or by entering and remaining in the home of the protected party until the party arrives, is guilty of a Class 6 felony, in addition to any other penalty provided by law.
The order shall further specify that either party may at any time file a motion with the court requesting a hearing to dissolve or modify the order. The hearing on the motion shall be given precedence on the docket of the court.
In a protective order case, the petitioner has the burden of proof. However, unlike in a Virginia criminal case, the burden of proof is not beyond a reasonable doubt. It's a much lower burden of ?good cause?.
Either party may at any time file a written motion with the court requesting a hearing to dissolve or modify the order. Proceedings to modify or dissolve a protective order shall be given precedence on the docket of the court.
At a full hearing on the petition, the court may issue a protective order pursuant to § 19.2-152.10 if the court finds that the petitioner has proven the allegation that the petitioner is or has been, within a reasonable period of time, subjected to an act of violence, force, or threat by a preponderance of the ...
You must fill out the PSO petition form. This is available at the county magistrate office, or you can get one online at the West Virginia Judiciary website here. File the petition for a PSO in magistrate court. A magistrate will decide whether or not to issue a ?temporary PSO.? W.
