What’s the process for obtaining an emergency protective order in Virginia?

An Emergency Protective Order (EPO) in Virginia is a short-term order designed to provide immediate protection to victims of domestic violence, stalking, or sexual assault. The process for obtaining an EPO is designed to be quick and accessible, even outside of regular court hours.

Steps to Obtain an Emergency Protective Order:

1. 1. Initiating the Request: An EPO can be requested by the victim, a law enforcement officer, or any other party on behalf of the alleged victim. This can be done 24 hours a day, 7 days a week.

• Contacting Authorities:

• During regular court hours: The victim can go directly to the Juvenile and Domestic Relations District Court or General District Court to file a petition.
• After court hours: The request can be made through a magistrate or a law enforcement officer.

1. Providing Information: Details on the alleged abuse or threat must be provided by the individual making the EPO request.This includes:

• The nature of the threat or act of violence
• When and where it occurred
• Any history of abuse
• Why immediate protection is necessary

1. Magistrate’s Decision: A magistrate will review the information provided. They may issue an EPO if they find reasonable grounds to believe that:

• The respondent has committed family abuse against the petitioner, or
• There is probable danger of further such abuse

1. Issuance of the Order: If granted, the EPO is immediately entered into the Virginia Criminal Information Network, making it enforceable throughout the state.
2. Service of the Order: Law enforcement will serve the EPO to the respondent. The order is not valid until it has been served.

Key Features of an Emergency Protective Order:

• Duration: An EPO is valid for 72 hours or until the next day that the Juvenile and Domestic Relations District Court is in session, whichever is later.
• Scope: The EPO can:
  • Prohibit acts of family abuse or criminal offenses resulting in injury
  • Prohibit contact between the respondent and family members
  • Grant temporary possession of a shared residence to the petitioner
  • Require the respondent to provide suitable alternative housing for family members
• No Hearing Required: Unlike longer-term protective orders, an EPO can be issued without a full court hearing.

Next Steps After Obtaining an EPO:

1. Safety Planning: The petitioner should work with domestic violence protective order virginia advocates to create a safety plan.
2. Seeking a Longer-Term Order: If continued protection is needed, the petitioner should file for a Preliminary Protective Order before the EPO expires.
3. Court Hearing: A hearing for a Preliminary Protective Order will be scheduled within 15 days of filing.

Important Considerations:

• False Statements: Making false statements to obtain an EPO is a Class 1 misdemeanor in Virginia.
• Firearm Restrictions: While an EPO is in effect, the respondent may be prohibited from purchasing or transporting firearms.
• Mutual Orders: In Virginia, mutual protective orders are generally disfavored unless both parties file separate petitions and the court finds that both have proven their case.
• Out-of-State Enforcement: Virginia’s EPOs are enforceable in other states under the federal Violence Against Women Act.

The process for obtaining an EPO in Virginia is designed to be swift and accessible, providing immediate protection in dangerous situations. However, due to its short duration, it’s crucial for victims to quickly follow up with steps for longer-term protection if needed. Legal advocacy groups and domestic violence protective orders in virginia organizations throughout Virginia can provide assistance and guidance through this process.