Domestic violence affects the lives of individuals and families in Fairfax, Virginia, and throughout the state. For survivors, safety and protection are of the utmost importance. Fortunately, Virginia law provides several protections designed to help survivors escape from abusive situations.
October is Domestic Violence Awareness Month, making it a great time to learn about the legal protections afforded to those living in Fairfax, Virginia. If you’re a survivor of domestic violence, the most important thing is to remember that you’re not alone and that help is available.
Types of Restraining Orders in Virginia
Restraining orders, officially known as protective orders in Virginia, are legal tools available to survivors of domestic violence. The courts issue these orders to safeguard survivors from threats and physical, sexual, and emotional abuse at the hands of family members.
In Virginia, there are three main types of protective orders that domestic violence survivors can seek: emergency protective orders, preliminary protective orders, and permanent protective orders. Each type of protective order lasts for a different amount of time and protects survivors in specific situations:
- Emergency Protective Orders (EPOs) – While survivors can apply for EPOs on their own, typically, law enforcement officers who respond to domestic violence scenes issue these protective orders to provide immediate, short-term protection. EPOs last 72 hours or until the survivor’s court hearing for their preliminary or permanent protective order, whichever comes first.
- Preliminary Protective Orders (PPOs) – Survivors who need more extended protection can apply for a PPO, which typically lasts up to 15 days. To obtain a PPO, you must file a petition with the court and demonstrate that you are in immediate danger of harm. A judge may grant a PPO without notifying the abuser of the hearing.
- Permanent Protective Orders – After a court hearing in which both the survivor and abuser are present, a judge may issue a permanent protective order, which can last up to two years. Survivors can also petition the court to extend the protective order for another two years if protection is still necessary. These orders provide long-term protection and come with additional restrictions for the abuser.
Protections Provided by Restraining Orders
Protective orders in Virginia can offer a variety of protections to survivors. In addition to prohibiting contact between the abuser and the survivor or other members of the survivor’s family, these orders can:
- Grant the survivor possession of a shared residence
- Mandate custody arrangements that provide additional protections for minor children
- Order anger management or drug abuse counseling for the abuser
- Require the abuser to surrender firearms in the case of a permanent protective order
Violating a protection order is a criminal offense in Virginia. A first-time violation is a Class 1 misdemeanor, with subsequent violations increasing in severity and leading to mandatory jail sentences.
Resources for Domestic Violence Survivors in Fairfax, Virginia
Domestic violence survivors in Fairfax, Virginia, have access to multiple resources to assist them in getting out of a dangerous situation. Some of the most effective resources include:
- Fairfax County Domestic Violence Action Center (DVAC) – The DVAC provides a wide variety of services for domestic violence survivors, including safety planning, emergency sheltering, housing information, education about protective orders, and crisis intervention.
- Virginia Family Violence Hotline – Domestic violence survivors can call Virginia’s family violence hotline 24/7 at 1-800-838-8238 for confidential support and information about services available to survivors, including shelters.
- Domestic Violence Attorneys – An experienced domestic violence attorney can assist you with filing for a protective order and finding resources tailored to your needs.
Contact Our Domestic Violence Attorneys Serving Fairfax, Virginia
If you are a survivor of domestic violence and wish to pursue a protective order against an abuser, contact Surovell Isaacs & Levy PLC to speak with our domestic violence lawyers. We’ll review your case, explain your legal options, and help you seek the resources and services you need to protect yourself and your family.
Posted in: Family Law