Subscribe to our mailing list and receive tips, articles, and information to help you get your life back on track after the divorce. Your next move to gain a restraining order in Virginia is to obtain and complete the forms necessary for filing the order of protection. The clerk of the court will provide you with this paperwork at the courthouse. Some county courts also have these forms available online, so you can print and fill them out beforehand.
Protecting Yourself as You File a Restraining Order in Virginia
If you choose the online option, it is wise to print and fill the forms out at your local library, the home of a trusted friend, or another location where your spouse won't find them.
The paperwork for a restraining order in Virginia requires that you provide basic information like the name and address of the respondent (i.e. the person who abused you, in this case your husband), as well as information about the incident (s) which led to you seeking the order.
It helps if you can provide more detailed information about your husband, such as his Social Security number and a recent photograph. It's important to fill out as much of the form as you can. When the paperwork is completed, you sign it where indicated in the presence of a notary.
Submitting Your Restraining Order in Virginia
The next step in the process is submitting the paperwork. Once the forms are submitted, the court will grant a temporary injunction. A temporary injunction is in effect for 15 days, during which time your husband will be served with papers and informed of the upcoming hearing.
The final stage of the process of obtaining a restraining order in Virginia is the hearing. A hearing is necessary to determine the legitimacy of the case before the court issues the order of restraint.
At a restraining order hearing, you present evidence that proves your need for the restraining order. Evidence may include:
Filing an order of protection against an abusive spouse can bring on complicated feelings. You may feel frightened, nervous, free and relieved all at once. It's important to have supportive people surrounding you during this pivotal time. A Virginia divorce lawyer who has experience in handling domestic violence cases can offer valuable advice and guidance before, during and after your restraining order hearing.
Our Virginia divorce attorneys care about your rights, the welfare and happiness of your children, and your financial security. Let us use our unique experience and legal expertise to help you focus on your goals for the future and your family. To learn more about Virginia divorce, request a FREE copy of our guide, What Every Virginia Woman Should Know About Divorce, or reserve your seat at our monthly divorce seminar - 757-425-5200.
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