At hearings to determine whether a preliminary protective order or protective order should be granted, the petitioner will be responsible for presenting evidence that an act of family abuse occurred and that a protective order is necessary to protect their health and safety. The petitioner should come prepared for the hearing by bringing any witnesses, pictures, or other evidence that will help prove their case.
The respondent may testify on their own behalf to contest issuance of the protective order and may present witnesses and evidence.
After considering all of the evidence, the judge will decide if a protective order shall be issued. In addition to prohibiting contact between the parties, the judge can also include several things in the protective order that are designed to protect the petitioner's health and safety. Examples are awarding the petitioner temporary legal/physical custody and support of the parties' child, exclusive use of the parties' residence and prohibiting the respondent from terminating utilities at the home and cellular telephone service. The petitioner, however, must present evidence during the trial that explains how the request is necessary for the petitioner’s safety and/or the safety of the child.
If the petitioner asks for child support, during trial, they must provide evidence regarding their income and the respondent’s income.
The respondent can appeal the order, and a new trial will be scheduled in the circuit court. The protective order issued will remain in effect until the new trial date in circuit court.
For more information about protective orders in the Fairfax County Juvenile and Domestic Relations District Court, please consult the website:
