Is it possible to obtain a restraining order without appearing in court?

In Virginia, it is possible to obtain a restraining order without appearing in court in certain circumstances. The Virginia Protective Order Act allows for a person to file, without a lawyer, a petition in the Circuit Court for a civil protective order. This process is called an “ex parte” hearing. An ex parte hearing means that only one party is present at the hearing and the court must decide if a temporary protective order should be issued based on the evidence and testimony supplied by that party. An ex parte hearing is generally designed to protect a person from imminent danger. If a person is in imminent danger, they can go to the clerk’s office to fill out the necessary paperwork and seek to obtain a temporary restraining order without appearing before the court. The clerk of the court will then decide if a temporary protective order should be issued. The temporary protective order will remain in place until the court can hold a hearing with both parties present. If, however, a person is not in imminent danger, but would still like to obtain a restraining order, they must appear in court and present their case before the judge. The judge will then decide if a protective order should be issued. Ultimately, whether a person needs to appear in court for a restraining order depends on the circumstances of their case. It is important to note that this process can take time, so if you are in immediate danger, it is important to seek help from the court as soon as possible.

Is it possible to obtain a restraining order without appearing in court?

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