What is a restraining order?

In Virginia, a restraining order is a legal order issued by a court in a family law case. It requires one person, called the “respondent,” to stay away from another person, called the “petitioner.” A restraining order is meant to help protect the petitioner from abuse or harassment by the respondent. The court may order the respondent not to contact, threaten, harass, annoy, assault, or abuse the petitioner. The court may also order the respondent not to enter or remain at the petitioner’s home or workplace, and may order a certain distance between the respondent and petitioner. If the court decides to issue a restraining order, it will be served by the sheriff or by certified mail to the respondent. It will include the date it was issued, name of the court, and exact details of the order. When the respondent receives the order, he/she must comply immediately or face criminal charges. The restraining order is often a part of a domestic violence injunction, which is a civil order from the court that can include child custody and visitation rights, support payments, temporary use of a residence, and other civil remedies. The restraining order may also be part of a divorce decree. A restraining order is meant to protect the petitioner from the respondent’s violent or threatening behavior. Anyone in Virginia who feels that they are in immediate danger should contact the police.

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