How to Fight a Temporary Restraining Order in Virginia

Fighting protective orders aren’t easy in Virginia. Since 2011, when the new policies for Protective orders were announced, the game has changed. It has become something which considers the very crucial matter, and also it is given so much value. Knowing what kind of protective order you are going to fight makes the case easier for the attorney and you. There are three types of protective orders;

  1. Emergency Protective Order (EPO)
  2. Preliminary Protective Order (PPO)
  3. Final Protective Order (FPO)

There is a number of limit behind all these categories; reason behind making all these rules. The Emergency Protective Order is limited to 72 hours only and expires at the very next minute once the clock completes rotating thrice. It is usually called temporary restraining order. Preliminary Protective Order has 15 days under its name, or the length of this order can be extended until the hearing completes. Final Protective Order is the major one which is at least two years long and can further be extended, depending entirely on the case and the situation there is.

Fighting Emergency Protective Order (EPO) or Preliminary Protective Order (PPO)

In Virginia, you take your cases to court or to the magistrate where Emergency Protective Order or Preliminary Protective Orders are given within a specific period mentioned in it. Preliminary Protective Order is the ones which are mostly considered as the temporary protective order. They are temporary, taking at least 15 days and can extend up to a year or two or until the case hearing is going on. While you think that the Protective orders are taken for the real protection, sometimes the case has been a file to gain the child custody or support in their favor. Having the leverage in the divorce cases or child support cases, this type of case can be filed. You need to consult an attorney for the best solutions and your rights. An attorney will surely make you feel better if you are charged with any of the Protective order and will assure you the positive side of it.

Once you hire an attorney or a lawyer, the process to cancel the protective order begins. But, you need to understand few things which will help you gain your right back. Following are the main points which you need to do for having the order in your favor;

  1. Know the Type of Protective Order (as mentioned above)
  2. Know your Rights (consult an attorney for your rights after getting charged with the protective order)
  3. Gather Evidence or Proof (Collect whatever you think have been left out in the case before and prove your innocence)
  4. Don’t criticize any character in the court or outside of it (especially the ones who are involved in the case and who asked for protection)
  5. Compliance
  6. File a response in time (follow the court rules and do everything in time and accordingly)
  7. Conclusion (wait for the outcome)