Under Virginia’s Law, an injunction, restraining order or protective order can be documented without the accused’s learning or presence in the court. This can bring into existence, a wide range of issues of abuse of injunctions in Virginia among other states of the United States of America. Every one of the sorts of orders of protection, Anti-Harassment, Domestic Violence, Elder Abuse and Sexual Assault, have been made to fill appropriate and lawful needs; in any case, they are progressively petitioned for contrasting reasons.
If you are the unfortunate recipient of a restraining order, you are entitled to follow it in its entirety. However, this does not invalidate your rights of refuting and legally dismissing a restraining order in Virginia. Every individual has the right to mount a credible defense in any case, and that includes restraining or protective orders. And as current practice shows that restraining orders can be petitioned based upon impatience, revenge, apprehension or even mental health issues, and deception or harassment, any party can find themselves subject to such an order. It is not uncommon for protective orders to be abused, and hence recipients of restraining orders in Virginia have to take extra precautions.
Firstly, understand that a restraining order can be responded to in a variety of ways depending upon how it was served and under what conditions. These conditions also include the type of restraining order filed and the grounds upon which it was petitioned. Frequently, you would be served a restraining order or a notice of it by the court in coordination with the Sherriff at your county. At this point, avoid any outbursts or impulses, it can prove to be very difficult but is very essential to your positive case if the matter proceeds towards the court. Any impulsive reaction can cause massive damage to your reputation, and hence deter your chances inside the courtroom.
Secondly, you will have the option of either filing a response to a restraining order or, more probably, be asked to attend a court hearing. A lot of courts will set a hearing date, and if it is not set you may always request one. If the court has provided you with a time, don’t miss it as it could prove to be your only chance to appeal the order.
Before the court date or hearing, you should always gather and organize your resources; this includes all statements and records of conversations, social media data, GPS coordinates, basically anything that can prove that the petitioner is exaggerating their claims on which the order is based. Gather required witnesses as well. At this point, it is always advisable to seek professional legal counsel.
Does an order of protection stay on your record VA?
Protective orders are not classified as criminal proceedings, hence they aren’t on the criminal record. Usually, a protective order doesn’t affect an individual’s employment status or employment, unless the person needs a specific clearance.