Protective Order Appeal Process
If the court issues a prolonged order for protection, the other party can file an appeal to the district court. (There is no appeal allowed if the justice court denies an application to extend a protection order, only if the court grants the extension.) The district court will typically not ask for new evidence on an appeal. The court will evaluate the documentation and other info that was presented to the court to decide whether the justice of the peace made any mistake of law in granting the extended protection order. The district court can affirm, alter, or vacate the justice court’s order. (In other words, the district court can retain the order in place, modify it in some way, or do away with it completely.) It takes $97 to file for an appeal, but there are no further requirements that a bond should be posted. Filing the appeal paperwork does not change the validity or enforceability of the extended order.
You can find the appeal forms at any government website, or you can ask for it from any lawyer near your place. If there is already a lawyer you are dealing with, then you can ask for the appeal form. You have to submit the appeal form in the district court for your hearing.
What if I win the case in Juvenile & Domestic Relations or General District Court?
People often believe that if they have won the case in Juvenile and Domestic Relations court or the general district court, then they have won the case and there might be no other way to appeal. Well, they are wrong. Anyone who has received a protective order (no matter which type) can appeal against the decision under ten days. For the appeal, the person has to go to district court. So, a win in Juvenile and Domestic Relations & General court does not mean you cannot file for the appeal.
What does the Law say?
- 16.1-296 – Jurisdiction of appeals; procedure
“From any final order or judgment of the juvenile court affecting the rights or interests of any person coming within its jurisdiction, an appeal may be taken to the circuit court within ten days from the entry of a final judgment, order or conviction and shall be heard de novo. However, in a case arising under the Uniform Interstate Family Support Act (§ 20-88.32 et seq.), a party may take an appeal pursuant to this section within 30 days from entry of a final order or judgment. Protective orders issued pursuant to § 16.1-279.1 in cases of family abuse and orders entered pursuant to § 16.1-278.2 are final orders from which an appeal may be taken.”