Fairfax Virginia USLegal Guide on Restraining Orders and No Contact Orders

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Multi-State
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Fairfax
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US-GDE-09
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Description

This guide provides an overview on restraining order and no contact orders. Topics covered include what acts can be restrained, who can be restrained, and what an order may request. Steps for obtaining a restraining order are explained as well.

Fairfax, Virginia Legal Guide on Restraining Orders and No Contact Orders: Fairfax, Virginia is a city located in Fairfax County, which is situated in northern Virginia, just outside of Washington, D.C. This bustling city is known for its rich history, diverse communities, and vibrant culture. In order to ensure the safety and well-being of its residents, Fairfax, Virginia implements strict laws and regulations concerning restraining orders and no contact orders. Restraining orders, also referred to as protective orders or orders of protection, are legal documents issued by the court to protect individuals who have been subjected to harassment, abuse, or threats. They are specifically designed to prevent one person, referred to as the respondent or defendant, from contacting or approaching the protected party, referred to as the petitioner or victim. These orders may also include provisions for other forms of protection, such as prohibiting the respondent from going near the petitioner's home, workplace, or other specified locations. There are different types of restraining orders available in Fairfax, Virginia, all serving a similar purpose but varying in their duration and scope. Some commonly known types are: 1. Emergency Protective Orders (EPOS): These orders are typically issued by law enforcement officers or a judge in emergency situations when immediate protection is needed. They offer temporary relief and usually last for a short period, typically 3 days. 2. Preliminary Protective Orders (PPO's): PPO's are issued by the court and provide protection until a full hearing can be conducted. These orders generally last for up to 15 days but can be extended if necessary. 3. Permanent Protective Orders (PPO's): Following a full hearing, a judge may issue a permanent protective order if they find sufficient evidence of abuse or harassment. These orders can provide long-term protection and may last for up to 2 years or longer, depending on the circumstances. As for no contact orders, they are similar to restraining orders but are particularly used in cases involving domestic violence or criminal offenses. No contact orders prohibit the defendant from contacting or approaching the victim, even if the victim consents to or initiates contact. Navigating the legal process of obtaining a restraining order or no contact order in Fairfax, Virginia can be complex and overwhelming. It is crucial to consult with an experienced attorney who specializes in family or criminal law to ensure proper documentation and presentation of evidence. This Fairfax, Virginia Legal guide aims to provide comprehensive information regarding restraining orders and no contact orders, empowering individuals with knowledge to protect themselves from threats, harassment, and domestic violence.

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FAQ

If you want to get back together, or even just talk to the other person or see them, you can: ask the court to change the order. The court can drop the "no contact" part of the order but keep the "no abuse" part of the order.

Therefore, to obtain one, you will need to report the individual to the police and take them to court for their crimes. It will only be when the judge believes there is a reasonable chance that the victim of the crime will continue to be harassed by the perpetrator that a restraining order will be granted.

How do I get the no contact order changed? You can ask the court that made the order to vary (change) it. Your partner must agree to the change and appear before the judge to explain why. The judge will have to agree that your partner (and any of your or your partner's children) are no longer at risk of harm from you.

Occupation orders primarily deal with who occupies the family home, whilst non-molestation orders prevent harassment and further abuse. Restraining orders are imposed on offenders to prevent them from further abusing or harassing victims.

Following the implementation of section 12 of the DVCVA 2004, restraining orders may be made on conviction or acquittal for any criminal offence. These orders are intended to be preventative and protective. The guiding principle is that there must be a need for the order to protect a person or persons.

It may be best to have an attorney present at this hearing to make sure your rights are protected. A permanent no-contact civil order lasts up to one year. You can ask the court to extend the order, but you must do so before it expires.

The usual period for a restraining order runs between 10 days and one year. For a first-time non-severe offender, a judge will ordinarily issue an order under 12 months. Therefore, if you are gravely concerned, you will need to convince a judge that you require protracted levels of protection where necessary.

Typically, either the victim or the defendant can ask the court to lift the restraining order. This is usually completed by filing a motion with the court, such as a Motion to Modify Conditions of Pretrial Release or a Motion to Lift Restraining Order.

A no contact order can only be lifted if the victim asks for it. It is the victim's motion, not the defendant's. A victim would have to contact the judge's assistant, get a court date and appear in court. The judge hears from the victim first.

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Fairfax Virginia USLegal Guide on Restraining Orders and No Contact Orders