Goode, VA asked in Family Law, Child Custody, Civil Litigation and Domestic Violence for Virginia

Q: In Powhatan county Virginia I have a Protective Order for my children against my wife's paramour. How do I extend it?

My wife's paramour was found to have abused my children. I have full custody. The Protective order was issued after a Full Hearing was held with all parties present. The judge only issued it for 60 days so I could get it in front of my county's Custody court for a modification to make the no contact with the paramour permanent. I have a hearing on the docket. The PO expires before the motion to amend court date. I want to have the PO extended but was told by the clerks that I "have to wait until the very last day and come in and file for a new PO. This doesn't make sense...how can that be considered an "extension" if I am filing a new one. I have read that I have a right to file for an extension but it must be done BEFORE the expiration date of the original PO. The clerks mentioned that the in force PO was "final" and since it was final I had to start a new one on the day of expiration. Does this make sense/true? Thank you.

1 Lawyer Answer
F. Paul Maloof
F. Paul Maloof
Answered
  • Alexandria, VA
  • Licensed in Virginia

A: I regret that I do not handle protective order case or domestic relations matters. Sorry.

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