Legal Question in Family Law in Virginia

Re: Emergency protective order

It is not clear whether your situation concerns a protective order, a removal order, or both. You should consult with a Virginia attorney immediately to determine the applicability of the law to the facts of your particular situation.

A person who abuses another family or household member may be subject to criminal prosecution or to civil protective orders. In addition to these measures, an abused or neglected child may be removed from the household and taken into custody when there are no less drastic measures, under an emergency removal order.

An emergency protective order is a temporary order which can be entered at anytime based on the testimony of one party in order to protect the health or safety of any person. With an emergency protective order, the judge or magistrate can prohibit acts of family abuse, prohibit contacts by the alleged abuser with household members and give exclusive possession of the residence to members of the household (without affecting title).

An emergency protective order is good for 72 hours, unless extended or unless the expiration occurs at a time when court is not in session, in which case it is extended to 5 p.m. the next business day that court is in session. At any time, the alleged abuser can file a request for a hearing to dissolve or modify the order. A law-enforcement officer can request an extension for an additional 72 hours if the person who needs protection is not capable of filing a petition alleging family abuse or a request for a protective order.

The fact that a family member has left the residence to avoid the alleged abuser does not affect the availability of an emergency protective order.

A preliminary protective order may impose even more protection while the parties await a full hearing, at which time a judge may issue a protective order, which can last up to two years.

When a child is alleged to have been abused or neglected and there are no less drastic alternatives, an emergency removal order allows a child to be removed from the home and placed in shelter care. There is no 72 hour expiration on an emergency removal order. However, a preliminary removal order hearing must be held no later than five business days.