Permanent Protection

PERMANENT PROTECTIVE ORDERS

Even if there is not an outstanding charge against your abuser, you still may be eligible for a protective order. A victim can file for a protective order whether or not the abuser is charged with a crime. To get a protective order, the victim must first contact the Court Service Unit in their jurisdiction to make an appointment to file a petition. To be eligible for a protective order, one of the following statements must be true about the petitioner (victim) and respondent (abuser):

1) They must be spouses or ex-spouses, OR

2) cohabitants (living together), or have lived together within the last twelve months (Cohabitants can include parents and children, step- or adoptive parents, and their children, brothers and sisters, grandparents and grandchildren and in-laws) OR

3) Have a child in common (together)

At Court Services, an intake worker will listen to the victim and make a determination as to whether or not to grant the request for a petition. If desired, the victim may ask for several considerations when filing the petition for a protective order, including:

A prohibition of further acts of abuse
A prohibition of contact between the abuser and the victim
Exclusive possession of a jointly owned or rented residence---The abuser can be ordered out without affecting the title or lease
Alternative housing provided by the respondent
Sole use of a jointly owned motor vehicle
Counseling or treatment for either or both the petitioner or the respondent
Temporary custody or visitation of children
Protection for other family or household members

Once the petition is completed it is forwarded to the Juvenile and Domestic Relations Court, which will set a hearing date. The victim will be advised of the court date and will need to appear in court at least once to address the court as to why s/he is seeking a protective order. The respondent, will also appear in court at the full hearing to respond to the victim’s request for a protective order. The respondent may have an attorney. The victim can also have an attorney. If s/he cannot afford one, s/he can contact Avalon or Legal Aid for assistance. Important information to consider about protective orders:

Even permanent protective orders can only be granted for a maximum of 2 years.
Either petitioner or respondent can petition the court to modify the protective order at any point after it is granted.
Permanent protective orders go into a statewide, nationwide system, so that police are alerted to the protective order upon a call from the victim indicating another incident with the abuser.
A violation of a protective order is a Class 1 Misdemeanor, carrying up to a $2500 fine and one year in jail.

NEW!! There is now a new website that can assist victims of domestic violence with completing a petition for a protective order. Using the information that you provide, the online program, called I-CAN, will generate a petition that you can then take to the Court Services Unit and file to request a protective order. NOTE: If you use this online program, you must still take the petition you create to the Court Services Unit in order for the petition to be valid and to be filed. You would still need to report to court on a hearing date on the request for the protective order before the protective order could be granted. I-CAN simply provides assistance in creating the form needed to start the petition process. If you are interested in using this new website, click here to go to I-CAN.

A Caution: A protective order is only a piece of paper. As such, there is never a 100% guarantee that the violence will stop just because a piece of paper indicates it should. For more information about protective orders, contact the Victim-Witness Assistance Program in your area. For the York-Poquoson Victim-Witness Assistance Program, call (757) 890-3402.