Understanding Protective Orders: A Safety Tool for Survivors of Domestic and Sexual Violence

Published on
11/08/2024
The County Conversation - Protective Orders

 

Protective orders, also known as restraining orders, are important legal tools that help protect survivors of domestic and sexual violence. 

In a recent episode of “The County Conversation” podcast, Ayaan Ali, a victim advocate with our Domestic and Sexual Violence Services, explained how these court orders work and how to get them.

“A protective order, also known as a restraining order, is a court order prohibiting the person who caused harm from abusing the victim and having contact with the victim or having limited contact with the victim,” explains Ali, who recently received the 2023 Fairfax County Juvenile and Domestic Relations District Court Partner Award for her work.

 

Types of Protective Orders

There are three types of protective orders in Fairfax County:

1. Emergency Protective Order

  • Lasts 72 hours
  • Can be requested by police or the victim
  • Obtained through a magistrate
  • Focuses on immediate safety and no-contact orders

2. Preliminary Protective Order

  • Lasts 2 weeks
  • Can include:
    • No-contact orders
    • Protection from abuse
    • Temporary possession of shared home
    • Vehicle possession
    • Protection of utilities
    • 500-foot stay-away requirement

3. Final Protective Order

  • Lasts up to 2 years
  • Can include everything in preliminary order plus:
    • Temporary custody of children
    • Temporary child support
    • Additional protections as determined by the judge

 

How to Get a Protective Order

Getting help is quick and accessible. “Same day. Within hours,” Ali says about emergency protective orders. 

Here are the ways to start the process:

  • Call the 24-hour Domestic Violence Hotline: 703-360-7273
  • Contact the Domestic Violence Action Center during business hours (8 a.m. - 6:30 p.m.): 703-246-4573
  • Visit the Juvenile and Domestic Relations District Court (8 a.m. - 4:30 p.m.): 703-246-3040
  • Work with police responding to an incident

 

Support Services Available

Victim advocates like Ali provide crucial support throughout the process:

  • Help with paperwork and court procedures
  • Safety planning
  • Crisis intervention
  • Connection to resources like:
    • Emergency shelter
    • Financial assistance
    • Counseling services
    • Case management

 

"The advocate's role is really to help victims get access to resources. We're not able to provide some of these resources, but we're able to advocate on their behalf to get the resources depending on what they need." Ayaan Ali, DSVS Protective Orders

 

Effectiveness and Enforcement

Protective orders are court orders with legal consequences. If someone violates a protective order, they can be arrested and face criminal charges. While protective orders are effective tools, Ali emphasizes that they’re part of a larger safety strategy that should be developed with a victim advocate.

 

Getting Help

If you or someone you know needs help with domestic or sexual violence:

Remember, you don’t have to face this alone. Trained advocates are available 24/7 to help you understand your options and create a safety plan that works for your situation.

 

The County Conversation Podcast

The “County Conversation” is a podcast featuring employees and subject matter experts from the Fairfax County Government discussing programs, services and items of interest to residents of Fairfax County. Click here to listen to past episodes of “County Conversation.” To find other county podcasts, visit www.fairfaxcounty.gov/podcasts

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