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MAIMING & PROTECTIVE ORDERS
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Beginning in 2003, victims of maiming may be eligible to petition for a protective order.  To qualify, the victim must have sustained "bodily injury" and a warrant must be pending.  Petitions are filed through the General District Court Clerk's Office. Protective Orders are a civil process independent of the criminal trial. Once a petition is filed, the victim (petitioner) will be given a day to return to court for a hearing.  The hearing may be held on the same date the petition is filed out in some cases; when this happens, the victim (petitioner) must return to court on a later date for a full hearing.  The defendant (respondent) must be notified of the full hearing date and may be present on the day of the hearing.  When the hearing takes place, the judge will ask the victim (petitioner) to explain why he or she requests a protective order and the victim will then be given the opportunity to testify.  The defendant (respondent) can then respond to the allegations.  After all the evidence is heard from the victim (petitioner), the defendant (respondent), and any witnesses for either side, the judge then makes a decision.  If the judge feels that the evidence is sufficient, he or she can enter a protective order that lasts up to two years.  Both parties will receive a copy of the protective order. That protective order information is then submitted to the State Police so that it can be added to the defendant's criminal history information.  If the defendant (respondent) violates the protective order, he or she can face additional charges.

Note: Because protective order hearings are separate from the criminal charge, victims and defendants will still need to appear for court for any criminal hearings that might be pending.

 

 

 

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York County, Virginia
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Yorktown, Virginia 23690-0532
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