Step 5 When the DC-627, PRELIMINARY PROTECTIVE ORDER – FAMILY If that parent has any contact with the child after the protective order is in place, they are in violation of the law, even if they have had visitation rights up until then. Child Protective Services •§ 63.2-1503 of the Code of Virginia designate local social services departments are responsible for conducting child abuse and neglect investigations and family assessments •How CPS works is defined in the Code of Virginia, Virginia Administrative Code & … PROTECTIVE ORDERS PAGE 6-1 CHAPTER 6 - PROTECTIVE ORDERS I. In Virginia, you can obtain a restraining order application either from your county clerk's office or by downloading the form from Virginia's judicial website. . Under the Virginia State law, an abused or neglected child is any child under 18 whose parent or other person responsible for the care of the child: Causes, or threatens to cause, a physical or mental injury except for an accident; Fails to provide adequate food, clothing, shelter, or medical care; Abandons the child If there are incident(s) of family abuse, the court can order a person to have no contact, or limited contact, with the victim or victim's children, or to leave the home and stay away for a certain period of time. Virginia Code § 16.1-264 provides that a law-enforcement officer may effect service of an emergency protective order by personally serving the respondent with a notification of the issuance of the order. Emergency Protective Orders An emergency protective order under this section may be requested in person by a ... (through CMS) to the Virginia Criminal Information Network system. Violating such an order is a Class 1 misdemeanor in Virginia, carrying heavy fines and a good chance of jail time. A restraining order, also called a protective order, is a judicial order prohibiting someone from harmful conduct, such as harassment. Generally speaking, courts can grant protective orders for much longer periods of time following notice to the opposing party and an opportunity to be heard at a full hearing. Fairfax County, Virginia - Protective Order. Circuit Courts also handle divorce cases, adoptions, property disputes, the probate of wills, and emergency protective orders. § 16.1-253.4. Emergency Protective Orders. Emergency protective orders authorized in certain cases; penalty. FAMILY ABUSE AND CRIMINAL CASES A. If you wish to change any part of your Protective Order, you must fill out and file the proper forms again with your court. Preliminary Protective Order A petition is filed with the Intake Office. What happens if a Protective Order is violated in Virginia? issuance of an Emergency Protective Order, unless rebutted by the victim. If the Court believes that there is an immediate and present danger of family abuse, the Court may enter the Preliminary Protective Order. be written on the Preliminary Protective Order. Virginia General District Courts General District Courts have jurisdiction over certain types of civil and criminal cases. The petition may be heard before a judge without notice to the other party. Any judge of a circuit court, general district court, juvenile and domestic relations district court or magistrate may issue a written or oral ex parte emergency protective order pursuant to this section in order to protect the health or safety of any person. The notice, district court form DC -633, N OTICE OF I SSUANCE OF E A. Moreover, Virginia protective orders come with built-in expiration dates, which vary according to the type of protective order. The Protective Order will remain in effect for a standard of two years, unless specified to expire sooner by the court. In Virginia, there are 3 kinds of Protective Orders that can protect you and others in your family or home: • Emergency Protective Order (expires at the end of the third day following issuance or the next day court