If you fear for your safety because of another person’s threats or actions against you, requesting a Protective Order in Lynchburg may be a legal option available to you. This is a Court Order that would mandate that the person stay away from you, avoid contacting you, or adhere to other terms laid out by the Order.
You might not be sure if your situation warrants a Protective Order. Speaking with an experienced family law attorney can help you understand more about these Orders and how to request one.
Reasons To Request a Protective Order in Lynchburg
Under Virginia law, you may be eligible for a Protective Order if you were subject to an act involving violence, threat, or force that led to injury or made you fear impending injury, death, or sexual assault.
Acts of violence, threat, or force may include:
- Stalking
- Forceful detention
- Rape
- Sexual battery
- Criminal sexual assault
- Other criminal acts involving violence or fear of violence
You can also seek a Protective Order in Lynchburg for family abuse.
Types of Protective Orders
There are a few types of Protective Orders available in Virginia. Determining which type you may need can help you understand your next steps.
- Family Abuse Protective Order: A Protective Order filed against someone with whom you have a domestic relationship, such as a spouse or ex-spouse; a family member who lives in your home; the parent of your child; or a close family member
- Non-Family Abuse Protective Order: A Protective Order against anyone else
An attorney can help you understand which type of order applies to your circumstances, as Family Abuse Orders only apply in specific cases.
There are also three different levels of Protective Orders:
- Emergency Protective Orders, which last up to 72 hours. These are common in cases in which there is a warrant for assault and battery.
- Preliminary Protective Orders, which last up to 15 days to provide immediate, short-term safety before a court hearing for a Permanent Order
- Permanent Protective Orders, which generally last up to two years. If the abuser has had another Protective Order against them in the past 10 years, the judge can extend the Order to last up to four years. You can request an extension before the order expires.
How To Request a Protective Order
If you are unsure how to request a Protective Order or need assistance with this process, you can request assistance from a victim advocate through the Lynchburg area courts. You can also seek help from a family law attorney to navigate this legal process and advocate for your rights effectively.
These are the steps to request a Protective Order in the Lynchburg area:
- File a petition with the court. If you are seeking a Family Abuse Protective Order, you will file through the Juvenile and Domestic Relations District Court. If you are seeking a Non-Family Abuse Protective Order, you will go through the General District Court.
- A judge will review the petition. A judge may ask you questions or seek additional information about your court petition. They will decide whether to grant a preliminary order and will set the date for the court hearing, which is often within 15 days of filing the petition.
- You will attend a court hearing. Your attorney will represent you at this hearing, and the judge will determine whether to grant the Order.
Seek Legal Representation Through Your Lynchburg Protective Order Process
If you need assistance seeking a Protective Order in the Lynchburg area, don’t hesitate to contact our compassionate attorneys at Holcomb Law, P.C. Request a consultation today by calling 434-425-8287.
