What does Protection from Abuse refer to?

Protection from Abuse covers a wide range of legal topics and tools, depending on the nature of the abuse and the goals of the client. Abuse might refer to:

· Intimate partner Domestic Violence;
· Protection from an abusive child or family member;
· Elder abuse;
· Stalking;
· Sexual assault;
· Child abuse;
· School bullying;
· Escaping Human Trafficking

Protections from abuse can take the form of many legal remedies, depending on the client’s goals. The most common means to seek protection from abusive behavior is a “Protective Order,” sometimes called a ‘restraining order’ in other states. This is a court order requiring the respondent to do or not do certain things in order to protect the health and safety of the petitioner. The person asking for protection is the petitioner; the person they are filing against is the respondent.

In Virginia, anyone can get a protective order against anyone else, so long as they show that there has been some physical abuse or threat of physical abuse in the past, and because of that abuse, the protective order will be necessary to protect someone’s health and safety in the future. However, there are different kinds of protective orders someone can file depending on the relationship between the parties and what they hope to achieve.

What you should know about Protective Orders

If the abuse is by a family or household member, the protective order should be filed in the Juvenile & Domestic Relations District Court. If the abuse is against a dating partner (but you haven’t lived together in the past year), by an acquaintance, neighbor, or stranger, then the case must be filed in the General District Court.

Additional Resources:

· GDC Protective Order Info
· Virginia Sexual and Domestic Action Alliance
· DVAC Info
· Hope Card Form