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Sheriff Charlie Ray Fox, Jr.



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Domestic Violence

Domestic Violence Resource



The Fauquier County Sheriff’s Office implemented the Domestic Violence Resource Specialist program in 1998. The Domestic Violence Resource Specialist serves victims of domestic violence, family abuse, stalking, and sexual assault. Provides individual support and assists with legal matters, protective orders, court accompaniment, criminal complaint inquiries, no trespass notices, and safety planning.

Contact Information
Domestic Violence/Family Abuse
Emergency Protective Order
Preliminary Protective Order
Permanent Protective Order
Resources Available for Domestic Violence Victims
LINKS

Contact Information

If your situation is an emergency, call 911!

Domestic Violence Resource Specialist 540-422-8656
Sheriff Office Non-emergency (540) 347-3300
Administrative Office
78 West Lee Street
Warrenton, Virginia 20186
(540) 422-8650

What Does “Domestic Violence/Family Abuse Mean?

Code Section 18.2-57.2
Assault and Battery Against A Family Or Household Member.
Any person who commits family abuse against a family or household member shall be guilty of a Class 1 Misdemeanor.

Domestic violence in the State of Virginia is defined under Section 16.1-228 of the Code of Virginia and 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.

Domestic violence is abuse between family or related person and may come in many forms: Threats of physical abuse, actual physical abuse, emotional abuse, threatening telephone calls, stalking or following a person and other forms of dominance and control over a person.

What is an Emergency Protective Order?

Emergency Protective Order
An Emergency Protective Order, also called an EPO, is issued by a Magistrate at the request of a law enforcement officer, either over the telephone or in person.

An EPO can be granted if a warrant has been issued for a violation of 18.2-57.2 and there is probable danger of further acts of family abuse or reasonable grounds exist to believe that there is probable danger of family abuse.

An EPO can be issued imposing one or more of the following conditions on the respondent: Prohibition of further acts of abuse; Prohibition of contact with family or household members; and grant the family or household member possession of the premises excluding the respondent.

An EPO will expire 72 hours after it has been issued. If the expiration occurs at a time that court is not in session, the EPO shall expire at 5 p.m. on the next business day that court is in session.

If a violation of an Emergency Protective Order occurs, the respondent may be arrested for a Class 1 misdemeanor (up to 1 year in jail and/or up to a $2500 fine).

What is a Preliminary Protective Order?

Preliminary Protective Order
A Preliminary Protective Order can be requested by the petitioner (primary victim) within a reasonable period of time after family abuse has occurred with the Intake Office at the Juvenile Court Service Unit.

A petition for a Preliminary Protective Order must be completed by the primary victim. Charges do not have to be filed in order to obtain a petition. On this petition, the petitioner must include a brief, but detailed description of the event(s) that took place. The petitioner may also request conditions such as: Prohibition of further acts of abuse; Prohibition of contact between the parties and/or family or household members; Grant the petitioner temporary possession of the residence excluding the respondent; and Grant the petitioner temporary possession of a jointly owned motor vehicle excluding the respondent.

Once the petition is reviewed, it may be accepted and taken to the Clerk of Juvenile/Domestic Relations District Court where a hearing date and time will be set. At that hearing, the Judge of Juvenile/Domestic Relations District Court can issue the Preliminary Protective Order for up to fifteen (15) days. The petitioner will be served at the conclusion of the hearing and the Order will be served on the respondent as soon as possible. On the bottom of the Preliminary Protective Order, a court date will appear which shows when the hearing for the Permanent Protective Order will take place.

Once the respondent is served, if a violation of an Preliminary Protective Order occurs, the respondent may be arrested for a Class 1 misdemeanor (up to 1 year in jail and/or up to a $2500 fine).

What is a Permanent Protective Order?

Permanent Protective Order
When the Preliminary Protective Order expires, there will be a full hearing that same day regarding the Permanent Protective Order. The respondent will be at this hearing with/without an attorney. As the petitioner, you can retain an attorney if you so desire. In this hearing, the Judge will hear both sides of the argument and may issue a Permanent Protective Order. Issuance of the Order will occur if the petitioner has proven their allegation(s) of family abuse by a preponderance of the evidence. A Permanent Protective Order is then issued for up to two (2) years by the Judge of Juvenile/Domestic Relations District Court.

Conditions that the Judge may honor include: Prohibition of acts of abuse; Prohibition of contact by the respondent; Grant the petitioner temporary possession of the residence excluding the respondent; Grant the petitioner temporary exclusive use of a jointly owned motor vehicle excluding the respondent; Grant the petitioner temporary child custody or visitation. The order must be in writing and will be served at the conclusion of the hearing to the petitioner and the respondent. On the bottom of the Permanent Protective Order, a date will appear which shows when the expiration of the Permanent Protective Order will take place. If a violation of a Permanent Protective Order occurs, the respondent may be arrested for a Class 1 misdemeanor (up to 1 year in jail and/or up to a $2500 fine).

Resources Available for Domestic Violence Victims

If your situation is an emergency, call 911!

Fauquier County Sheriff's Office
Domestic Violence Resource Specialist

540-422-8656 office hours 9am-5pm
540-347-3300 after hours Non-Emergency Dispatch Center

VA Family Violence
Hot Line

1-800-838-8238

Mental Health
540-347-7620

Adult Family Violence
1-800-832-3858

Social Services
540-422-8400

Culpeper Women's Shelter
540-825-8891
540-825-8876

Juvenile Court Service Unit
Intake Office
540-422-8050

 

Juvenile/Domestic Relations Court
540-422-8040

Magistrate's Office
540-422-8680
Mon-Fri 10am-Noon
Sat 10am-11am

Commonwealth Attorney's Office
540-422-8120

Fauquier Hospital Emergency Room
540-347-4078

If your situation is an emergency, call 911!

LINKS

For additional information about Domestic Violence:

Virginians Against Domestic Violence

Virginia Sexual and Domestic Violence Action Alliance

Domestic Violence in Virginia Understanding the Legal Process

Virginians Aligned Against Sexual Assault

Virginia Department of Social Services- Domestic Violence and Sexual Violence Prevention

An Abuse, Rape and Domestic Violence Aid and Resource Collection

National Center for Children Exposed to Violence

Family and Children’s Trust Fund of Virginia -FACT

US Department of Justice- Office of Violence Against Women

National Criminal Justice Reference Service

Date Last Modified: 02/28/2013

 
 


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