Protection Order Extension Process

Summary

In Virginia, if a hearing is continued, the temporary protection order generally remains in effect until the next hearing. The extension of the order is at the courts discretion and not automatic. The responsibility to extend the order typically falls on the judge, not the police or the commonwealths attorney. Police primarily enforce protection orders but do not have a role in their issuance or extension. Either party or their legal representatives can file a motion to request an extension. Relevant state codes include Virginia Code § 16.1-253.1 and Virginia Code § 19.2-152.8. Always consult a legal professional for detailed advice specific to your situation.

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To extend the protection order due to the hearing being continued to a further date beyond the original hearing date, whose responsibility is it to extend the protection orders? Is it the judges responsibility? Or does the cop have to go to the commonwealths attorney’s office to request extension?
In Virginia, the responsibility to extend a protection order generally falls on the judge. It's not typically a task for the police or the commonwealth's attorney. However, it's always a good idea to communicate with the court to ensure the extension.
What involvement if any would a cop have on a protection order that’s already been issued by a judge?
In Virginia, police primarily enforce protection orders. They may serve the order, ensure its terms are obeyed, and respond to violations. They typically don't have a role in its issuance or extension. This is just general advice. Your situation may vary.
So what would normal process look like when protection order is issued until the next hearing but the hearing is continued? Is there a default extension?
In Virginia, when a hearing is extended, the protection order generally stays in effect until the new hearing date. But, extension isn't automatic and rests on the court's decision. For specific cases, consulting with a legal advisor or the court is recommended.
How would you ensure the protection order is extended then? And who would have the power to do this?
In Virginia, to ensure a protection order is extended, it's advised to stay in contact with the court or your legal counsel. The extension of a protection order is typically within the judge's authority. Always consult a legal professional for detailed advice.
But who’s job is it to bring it to the judges attention?
In Virginia, it's generally the responsibility of the parties involved or their legal representatives to bring any necessary information to the judge's attention. If you're unsure, it's best to seek advice from your legal counsel.
Would the prosecutors be the one to file a motion to request the judge extend the protection order?
In Virginia, either party or their legal representatives can file a motion to request an extension of the protection order. Prosecutors can also do this, but it's not solely their responsibility. Always consult with a legal professional for more detailed advice specific to your situation.
Is there any state codes that talk about this?
In Virginia, the relevant state codes are:
- Virginia Code § *.*-*.*: Pertains to the issuance and extension of preliminary protective orders.
- Virginia Code § *.*-*.*: Discusses enforcement and service of protective orders.
Always consult a legal professional for interpretation and application of these codes.
Do police have a role in the extension of protective orders?
In Virginia, generally, police don't have a role in the extension of protective orders. Their main role is to enforce orders already in place. They may serve the order, ensure its terms are obeyed, and respond to violations. Always consult with a legal professional for specific advice.