An earlier version of this article by Gaea L. Honeycutt was published in Average Girl Magazine
On July 1, 2007 the Fairfax County Juvenile and Domestic Relations Court joined the rest of Virginia by using detailed forms to file protective order affidavits. Until now domestic relations officers typed the affidavits based on interviews with petitioners -- a practice that began when the office first opened. However, the J&DR Court decided that the officers’ practice of typing the affidavits, while conducted ethically, walked the line between duty and advocacy.
This change likely hasn't registered with most Fairfax County citizens, who usually don’t know where to begin with protective orders. There are three types of protective orders in Virginia: 1) Emergency Protective Order or EPO, 2) Preliminary Protective Order or PPO, and 3) Final Order of Protection or PO. EPOs can be obtained 24 hours a day from either a judge or a magistrate. They’re effective for 72 hours, giving petitioners the opportunity to make it to the J&DR Court to file a PPO.
Once filed, the PPO is effective for 15 days, and a hearing is scheduled for the PO, which is effective for 2 years. When filing the PPO, there is a comprehensive list of requests a petitioner can make -- from retaining possession of a shared automobile, to barring the abuser from failing to pay utility bills, to prohibiting the abuser from taking children from school. This information is transferred to the PO.
Other changes impacted the entire state on July 1, 2007. In the past, a magistrate could choose not to issue an EPO if s/he did not believe there was a likelihood of future assault. As of last year, the law presumes that there is a likelihood of future assault unless the victim says otherwise. A magistrate must provide information to the police officer on filing for PPOs and POs. Also, vicitms who filed for PPOs used to have to re-file if the abuser couldn’t be served. Although the Sheriff tries to serve a PPO several times, it’s not uncommon for abusers to hide from the processor. The new regulations give the judge the discretion to extend the PPO for up to six months.
When asked about the most common mistakes petitioners make in filing protective orders, Jerry Rich, Assistant Unit Director of Domestic Relations Services, noted, “Their biggest mistake is coming unprepared. The process is tougher and a lot of cases are he-said-she-said.” Petitioners should be sure to bring pictures, and documents; share information on warrants or pending legal action; and supeona or bring witnesses from after the violent incident, such as police officers, friends or family.
New Virginia residents with protective orders from other states do not need to re-file in the Commonwealth, however they should carry a certified copy of the order with them at all times. “All states recognize protective orders from other states,” explained Mr. Rich. Victims of domestic violence should be sure to file for the protective order in the state where the incident occurred.
For help, resources or counseling, call the Virginia Hotline at 1-800-838-8238, and try these sites in the Commonwealth or across the country:
Family Violence Prevention Fund (www.endabuse.org): Find resources for adults, teens and immigrants.National Domestic Violence Hotline (1-800-799-SAFE, 1-800-787-3224 (TTY), www.ndvh.org): Find information on domestic violence and options for dealing with it, and get your state’s hotline number.
National Coalition Against Domestic Violence (www.ncadv.org): Find information in staying safe, policy developments, statistics and other programs in the U.S.
WomensLaw.org (www.womenslaw.org): Find legal information about domestic violence for your state, including your state’s process for filing protective orders.
Gaea Honeycutt
blog@weirdingword.com
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