In our previous blog post titled, Can I Still Obtain a Protective Order in VA During COVID-19 Quarantine, we discussed the three types of protective orders for domestic violence in Virginia: emergency protective orders, preliminary protective orders, and permanent protective orders. However, we only addressed how long each protective order lasts. The following blog post is a breakdown of when it can be issued and what each protective order does to protect domestic violence victims from their abusers.
An emergency protective order (EPO) can impose the following conditions:
- Prohibit the abuser from committing acts of violence, threats of such violence, or crimes causing injury to person or property
- Prohibit the abuser from any contact with the victim or the victim’s family/household members
- Grant the victim temporary possession of the residence
- The victim may possess a companion animal
- Other conditions the judge or magistrate consider necessary to protect you and your family/household members.
An EPO can be issued by a judge or magistrate in order to protect the health or safety of any person OR it can be issued along with certain criminal charges if warrants are issued.
A preliminary protective order (PPO) imposes the same conditions of an EPO, but can also include the following conditions:
- Remove abuser from the family home
- Grant the victim temporary possession of a jointly owned vehicle or one the victim owns
- Require abuser not to terminate utilities or to restore them
- Grant petitioner and other family if appropriate exclusive use of a cell number or electronic device before the expiration of a contract with cell phone provider
- Prohibit the abuser from using a cell phone or electronic device to locate the victim
- Require the abuser to provide another suitable place for the family/household members to live
This type of order can be issued if a petitioner shows that within a reasonable time he or she was subjected to family abuse which means there was an act of violence, force, or threat that resulted in bodily injury OR places one in reasonable apprehension of death, sexual assault, or bodily injury AND a protective order is necessary to protect the health and safety of the petitioner and their family or household members.
A permanent protective order (PO) imposes the same conditions of an EPO and a PPO, with the addition of the following conditions:
- Order the Abuser to participate in counseling, treatment, or other programs as the court deems appropriate
- Provide a minor child with temporary custody or visitation
- Award temporary child support in some cases
- All firearms owned or possessed by an abuser must be forfeited (as of July 1, 2020, these firearms must be turned into police and cannot be given to a friend or family member to store for the abuser)
A permanent protective order may be issued if there has been an act of family abuse which means an act of violence, force, or threat that results in bodily injury OR places one in reasonable apprehension of death, sexual assault, or bodily injury AND the court feels that it must issue one to protect the health and safety of the victim and their family and household members.
If you are interested in either obtaining a protective order or defending yourself against a protective order violation, contact The Law Office of Ann Thayer, PLLC today at (703) 940-0001 to learn about your available legal options. Schedule a free consultation immediately.