IF you want to file a restraining order against someone who is asking for the custody of your child, you have to make sure that you contact an experienced attorney. Filing for a temporary restraining order is not going to be a simple process, so you must make sure that you contact an attorney right away. An experienced attorney will guide you about filing a restraining order and make it easy for you to process the restraining order.
Who can obtain a Protective Order?
As of not long ago, a candidate looking for a protective order could just get a request against a “family or family household member.” However, in 2010, the murder of UVA Student Yeardley Love brought change in the Virginia General Assembly. In 2011, Virginia Protective Order Law was altered to expand the extent of who can be ensured. Presently, an applicant can acquire a Protective Order against some other party after exhibiting the fitting need.
What must be proved to get a Protective Order?
To acquire a Protective Order, a petitioner must exhibit two actualities:
1) that the respondent conferred “abuse,” and
2) that the Order is important to “secure the wellbeing and security of the petitioner and family or family individuals of the petitioner.”
What is “abuse”? (Is actual physical abuse or a direct threat required?)
The meaning of “abuse” is found in Virginia Code Section 16.1-279.1 (when managing cases between family or family unit individuals) and Virginia Code Section 19.2-152.10 (when managing cases between non-relatives). Both characterize “abuse” for all intents and purposes the same:
A demonstration of violence, power or risk that outcomes in real damage or places one in reasonable apprehension of death, assault, or real damage… Such act incorporates, however, isn’t restricted to, any forceful detainment, stalking, criminal sexual assault… or any criminal offense that outcomes in substantial damage or places one in reasonable apprehension of death, sexual assault or bodily injury.
Certain activities are clearly “abuse, for example, real physical assault, abduction, and so forth. In any case, Stephens v. Rose, 762 S.E.2d 758 (2014) as of late discovered abuse happened without a live demonstration of violence or expressed risk of violence. The Stephens case managed an ex who called the applicant forty (40) times in a brief period and appeared to both her dad’s and her home in an unwanted manner.
In allowing the Protective Order, the Virginia Supreme Court discovered “physical damage or threatened physical harm to a casualty isn’t a vital essential to the giving of a protective order… ” What’s more, “a casualty require not determine what specific harm she fears…” So if your case does not include coordinate physical harm or a reasonable expressed risk, there is as yet the likelihood of a Protective Order being conceded.