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Hofheimer/Ferrebee P.C. - (757) 425-5200

Hofheimer/Ferrebee P.C.

Need Help? Call (757) 425-5200

OFFICE LOCATIONS

  • Virginia Beach
  • 1060 Laskin Road Suite 12B
    Virginia Beach, VA 23451
  • Phone: (757) 425-5200
  • Fax: (757) 425-6100
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  • Newport News
  • 11815 Fountain Way
    Newport News, VA 23606
  • Phone: 757-425-5200
  • Fax: 757-425-6100
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  • Chesapeake
  • 638 Independence Parkway, Suite 240
    Chesapeake, VA 23320
  • Phone: (757) 425-5200
  • Fax: (757) 425-6100
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Getting a Restraining Order in Virginia (Part A)

If you are a Virginia woman experiencing domestic violence or other threatening circumstances in your marriage, you can obtain a restraining order in Virginia against your spouse.

Studies show that 1 in 4 women have suffered some form of domestic violence in her lifetime. This startling statistic speaks volumes about the prevalence of spousal abuse in the United States.

Domestic abuse, also known as intimate partner violence (or IPV), is the primary reason for a woman to seek a restraining order against her spouse in Virginia
. IPV includes physical assault, sexual violence, stalking and other forms of violence.

When a Restraining Order in Virginia Becomes Necessary

Many women who are victims of domestic violence will seek a restraining order in Virginia against their abuser near or at the end of the relationship. It is often a way for the woman to take action against the man and create an exit strategy for herself. Escalation of violence is common as the marriage or partnership is unraveling, and the abuser find himself losing control of the situation.

Whatever circumstances surround your seeking a restraining order, you need to follow your state's procedure for obtaining one. Most states, including Virginia, have laws in place that make the process of filing a restraining order quick and relatively easy so that victims can be protected from any further violent actions.

The first step in the process of obtaining a restraining order in Virginia against your spouse is to understand what type of restraining order applies to your case. In a domestic situation where you have suffered physical assault, stalking, or other physical harm, you would apply for a Protective Order For Family Abuse.

You can apply for an order of protection at the county courthouse in the county where you live, in the county where the offender lives, or in the county where the assault or abuse took place. In Virginia, the Juvenile and Domestic Relations District Court is the division that handles orders of protection.

Next, it would be in your best interest to consult with an experienced divorce attorney who understands women's issues in Virginia. It is important that the Virginia divorce lawyer you choose has handled cases similar to yours and that they understand how spousal abuse will affect your divorce proceedings.

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Charles R. Hofheimer
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