Require any other necessary relief for the victim and their family. §55-7J-4. (See Code of Virginia. protective orders not only to protect trade secrets,7 but also to avoid other undesirable consequences such as the invasion of the litigants' pri-vacy.8 Thus, even though the protective order movant bears the burden of justifying the motion, courts have retained sufficient flexibility under Ultimately, the burden of proof beyond a reasonable doubt is on the prosecutor to prove that the alleged victim fits the standard for the aggravating circumstance. Former spouses, whether or not they reside in the same home as the respondent. not inclusive of weekends and holidays within the 2nd business day) A showing of reasonable grounds to believe that the respondent has abused the petitioner, before a District Court Commissioner: Temporary protective order (ex parte) Anyone that has cohabited within the previous 12 months. Legal Disclaimer. endstream endobj 2801 0 obj <. In Virginia, protective orders can be issued when any act of violence, force, or threat either (1) results in bodily injury or (2) places one in reasonable apprehension of death, sexual assault, or bodily injury. Mothers-in-law, fathers-in-law, sons-in-law, daughters-in-law, brothers-in-law, and sisters-in-law who reside, Individuals who cohabit (are in a sexual relationship. endstream endobj startxref henry lebensbaum esq 300 Brickstone Sq Ste 201 andover, ma -- [email protected] (978) 749-3606. If you do this, you have essentially two chances of obtaining a protective order for the future. A preliminary protective order is usually done ex parte, meaning without the alleged abuser present, and is done either on an affidavit by the petitioner or by sworn oral testimony of the petitioner. Cordell & Cordell has men’s divorce lawyers located throughout the country. At trial, the prosecutor must show beyond a reasonable doubt, the crime occurred. It is important to have someone advocate for your rights and to hold the other party to their burden of proof. The criminal hearing has a higher burden of proof and will be handled by your local Commonwealth Attorney. This kit is included in this article and is helpful to attorneys as well as the self-represented victims. The burden of proof for a temporary ex parte order is less than the burden of proof at the hearing (see “Burden of Proof” below), which is the case for all ex parte injunction petitions, as they are meant to simply maintain the status quo until the court can hear the merits of the case at a hearing. Specifically, a protective order is issued under Virginia Code § 19.2-152.10 and requires a specified individual – normally one accused of stalking or domestic violence – to maintain a definite minimum distance from the victim over a specified period of time. Virginia legislature has provided numerous safeguards to the respondent, mandatory 60 days in jail for contempt of the court, causes a new permanent protective order to be issued. Thus, the prosecutor has the burden of demonstrating proven facts by their probative force, establish guilt. Stalking. The burden of proof required from petitioners is lessened when seeking a protective order. We’re a Richmond, Virginia law firm with clients from around the world. Schedule your free phone consultation today and let’s talk about what we can do for you! Can I Use Text Messages as Evidence in a Virginia Family Court? Preponderance of evidence – This is the burden of proof required for a judge to find that a person has violated at least one term of his or her probation. %%EOF If the court finds that “within a reasonable period of time” the petitioner has been … He is excited to assist artists, business owners, and content creators with all of their trademark and copyright concerns. 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