So once law enforcement is involved, if they take out criminal charges for domestic assault and battery under Virginia Code §18.2-57.2 (sorry for the legalese) but odds are that they have requested before the magistrate an Emergency Protective Order. The reason for the difference is a bit complicated and based upon the Constitution for the Commonwealth of Virginia so we will not go into it in this post. Depending on where you live, it may either be your local police department or the sheriff’s office. Again for legal reasons (lawyers always making things complicated), this is not specific legal advice and should not be taken as such think of it as a primer on protective orders in Virginia to help answer questions or know what questions to ask.įor the victims of domestic violence your first contact should be with law enforcement. We will post later for persons that are accused of domestic violence and/or have a protective order issued against him/her. This particular post is designed for victims of domestic violence and in need of a protective order in Virginia.
In this post, we, as lawyers who handle protective orders and domestic violence issues, try to give you some basic information to assist in understanding the process. It is unfortunate that these laws exist but, regrettably, they have to because that is the reality of life. The courts in Virginia Beach, Chesapeake, Portsmouth, Norfolk, Suffolk and the rest of the 757 area code, whether it is Juvenile & Domestic Relations Court or an appeal to Circuit Court, there are procedures to protect victims of domestic violence. Whether it is between a husband and wife, a couple that has a child in common or one that lives together it exists and is addressed by the laws of Virginia.