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Family abuse (also called domestic violence)
is when one member of the household causes physical harm to
another, when one person in the household forces sexual activity
on another, or when one family member threatens to harm another.
Family Violence/Domestic Violence happens between married couples
and between couples who aren't married, between the members
of the same family or household, between people who are related
to each other, and between people who aren't related but who
live together (boyfriends and girlfriends, in-laws).
If you are being physically hurt, sexually
abused, or threatened by household or family members:
- You can file criminal charges by getting an assault warrant
from a magistrate. The police will tell you how you can do
this. However, charges can only be dropped when you have appeared
before the judge.
- In cases of spousal abuse, you can file a civil case by
asking this Court for a protective order.
- You can file both a family abuse case (a civil case) at
this Court and an assault case (a criminal case) through a
magistrate.
A protective order tells the person to obey
certain rules before or after a court hearing. The person can
be ordered to have no contact, or limited contact, with you
or your children. The Court can order the person to leave your
home and stay away for a certain period of time. This means
that the person will be arrested or taken to jail if that person
does not follow the rules. A protective order is sometimes called
a restraining order.Family abuse is a serious problem. If you
are afraid or worried that something else may happen before
a protective order takes effect, you should stay with friends
or go to a shelter. In an emergency, call 911.
If the person has physically abused children
in the home or put the children in danger, Court personnel are
required by law to report it to Child
Protective Services (CPS).
If you would like to initiate court action,
you must call the Domestic
Relations Unit of the Juvenile Court. Their phone number
is 703-246-3040. You will be given an appointment. Because there
is paper work which must be completed prior to the appointment,
we ask that you be prepared to arrive ½ hour before your
scheduled appointment time.
According to Section 16.1-228
of the Code of Virginia, "Family abuse" means any
act involving violence, force, or threat including, but not
limited to, any forceful detention, which results in bodily
injury or places one in reasonable apprehension of bodily injury
and which is committed by a person against such person's family
or household member.
According to Section 16.1-228
of the Code of Virginia, "Family or household member"
means (i) the person's spouse, whether or not he or she resides
in the same home with the person, (ii) the person's former spouse,
whether or not he or she resides in the same home with the person,
(iii) the person's parents, stepparents, children, stepchildren,
brothers, sisters, half-brothers, half-sisters, grandparents
and grandchildren, regardless of whether such persons reside
in the same home with the person, (iv) the person's mother-in-law,
father-in-law, sons-in-law, daughters-in-law, brothers-in-law
and sisters-in-law who reside in the same home with the person,
(v) any individual who has a child in common with the person,
whether or not the person and that individual have been married
or have resided together at any time, or (vi) any individual
who cohabits or who, within the previous 12 months, cohabited
with the person, and any children of either of them then residing
in the same home with the person.
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