What is the process of filing a restraining order?

In Virginia, getting a restraining order can be an important step in protecting yourself and your family from domestic violence. The process of filing a restraining order begins with accessing the correct court documents. Forms can be obtained from the clerk’s office at the local court in Virginia or from a lawyer’s office. These forms should be filled out carefully and completely so that the appropriate information can be sent to the court. The restraining order must include details of the request such as the name of the person to be restrained, the relationship between the parties, and the specific dates or times of the harassment or abuse. The forms should also include the reason for the restraining order and any supporting evidence such as photographs, medical records, or police reports. Once the forms are completely filled out, they can be filed at the court clerk’s office. When the forms are filed, the clerk will assign a court date, usually within 14 days. It’s important that the petitioner attends this court date, as the judge will need to hear their story before agreeing to the restraining order. The court will grant the restraining order if the judge believes that it is necessary to protect the petitioner and prevent further harm. Once the restraining order is granted, it is important to follow the rules set in place by the judge. This may include staying a certain number of feet away from the person to be restrained, or giving up custody or access to any children. Violating the terms of a restraining order can have serious legal consequences.

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What is the process of filing a restraining order?

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