Family Protective Orders in Herndon, Virginia

(If you are experiencing domestic violence, call the National Domestic Violence Hotline at 800-799-7233).

It is a stark fact of American life that abuse, assault, and harassment frequently take place within the family setting.  That’s why the State of Virginia allows for protective orders when family abuse happens—and if you live in Herndon, Virginia, you can file family protective orders to protect yourself and your children from another member of the family.

Family protective orders are intended to protect the health and safety of a person and their children from another member of the family.

You may be familiar with the concept of restraining orders, but these family protective orders are slightly different. Family courts issue protective orders in cases of family abuse only. 

This article will tell you more about how family protective orders work. If you are interested in filing a family protective order against someone in your family, this article might have the information you are looking for. 

Keep in mind that this is not intended to be legal advice, but this will get you pointed in the direction of a legal professional who can help you. 

Filing a Protective Order in Herndon, VA

If you live in Herndon, Virginia, you can file family protective orders if you are the victim of any of the following:

• Domestic abuse (any act involving violence, force, or threat that results in bodily injury or places one in reasonable fear of death).
• Sexual assault.
• Stalking or harassment.

If you are interested in requesting a protective order, you must first understand which court handles the type of protective order you need. 

There are two different courts in Virginia that issue protective orders, but only one applies to family members. Which one is appropriate to you depends on the relationship between you and the person who is threatening you, which is one reason it is important to have a family law firm at your side.

The Juvenile and Domestic Relations District Court

You will file a protective order in this court if:

• The respondent—the person behaving in a threatening manner—is a family or household member.
• The respondent and/or the petitioner are under the age of 18.

The General District Court

• The General District Court issues protective orders for anybody who is not classified as a family or household member. 
• If you are in Virginia and suffering harassment from a non-family member, a reputable law firm should also be able to assist you in this.

Understanding Protective Orders Under Virginia Law

Here are some quick facts about protective orders under Virginia law:

• Protective orders are issued by a magistrate or judge.
• Their purpose is to protect the health and safety of an abused person and their family members.
• The “petitioner” is the person who files for a protective order.
• The “respondent” is the person against whom the order is filed.

Under what conditions can a person ask for a Protective Order?

• If they have been subjected to an act involving violence or force.
• If they have a reasonable fear of death, sexual assault, or injury. 

Preliminary Protective Orders (PPO)

A PPO is a temporary order that a judge might issue to protect the petitioner while waiting for the final Protective Order hearing. Here are some things to keep in mind about them:

• PPOs last for up to 15 days or until the final Protective Order hearing
• It prohibits any contact by the respondent.
• It also prohibits the respondent from contacting family members.

“Permanent” Protective Orders (PO)

If necessary, a judge will grant a PO that lasts up to two years. These are the conditions you must meet to get a PO:

• The judge will subpoena the respondent to be at a final PPO hearing.
• You must be there.
•  The order can then be extended for two more years if the conditions remain threatening. 

Contact Us

The legal professionals at WhitbeckBennett take your safety and the safety of your children seriously. If you are the victim of violence or threats, we can help you file protective orders of any type. 

Contact WhitbeckBennett by calling 800-516-3964 or by emailing clientservices@wblaws.com, to connect with an experienced attorney in your area who can guide you through the process.

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