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EspañolStep 4: The hearing
Your hearing will generally take place within 15 days from the time you file the petition. You must go to the hearing. If you do not go to the hearing, your preliminary order will expire and you will have to start the process over. If you do not show up at the hearing, it may be harder for you to get a protective order in the future.
If the abuser has received notice of the hearing, but does not show up, the judge will most likely continue with the hearing without the abuser present. The judge may, however, decide to reissue the preliminary protective order and schedule a new hearing.
You have the right to bring a lawyer to represent you at the hearing if you can get a lawyer to represent you. If you show up to court and the abuser has a lawyer and you do not, you may ask the judge for a continuance to set a later court date so you can have time to find a lawyer for yourself. For legal referrals, see our VA Finding a Lawyer page. See our At the Hearing page for ways you can show the judge that you were abused.
You have the right to give medical records to the judge to show the type and severity of any injury that is part of the family abuse that you described in your petition. To do this, you must give the abuser a copy of the records along with a written notice of your plan to use it at least 10 days before your trial for a final order is scheduled. If you are scheduled for a preliminary protective order hearing, this notice only needs to be given 24 hours before the hearing.
To be accepted by the court, this evidence must include a sworn statement from either:
- the person in charge of managing the medical records (the “custodian of the record”) confirming that the records provided are a true and accurate copy of the original; or
- a sworn statement from your doctor confirming that:
- the doctor treated you; and
- the records are true, accurate, and include a full description of the type and severity of the injury.1
If it becomes necessary for the doctor or the custodian of the record to testify in person, the court will determine whether you or the abuser needs to pay the costs of that person’s appearance. If appropriate, the judge may split the cost between you.1
1 Va. Code § 16.1-245.1
