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Protective Orders
Most people are familiar with the concept of a restraining order used in the context of a domestic violence case. The idea, of course, is that the order keeps the fractious parties apart until they can resolve their differences in a civil manner. Virginia law provides a framework for obtaining protective orders (Virginia’s term for...
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You hear the term “due process” thrown about frequently. Often, it is in the context of criminal convictions being overturned on appeal because the police denied someone’s due process rights. Typically, this type of due process is referred to as substantive due process. There is another type of due process, known as procedural due process....
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Virginia has broad laws prohibiting violent acts between family members (including both those related by blood and by law) as well as between people who have cohabited together in the past year. Part of the protection scheme that Virginia has instituted, along with criminalizing the behavior, is to set up a system of protective orders....
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