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How will a judge make a decision about whether to grant the order?
When deciding whether to grant a substantial risk order, the judge must consider any relevant evidence, including any recent act of violence, force, or threat towards the respondent or another person.1 An act of violence, force, or threat has to:
- result in physical injury; or
- reasonably make you fear death, sexual assault, or physical injury.1
Some examples of acts that could qualify as acts of violence, force, or threat are:
- forceful detention;
- stalking;
- any criminal sexual assault crime (including rape, sexual battery, sodomy, and more - all are listed in Article 7); or
- any criminal offense that results in physical injury to the body or reasonably makes you fear death, sexual assault, or physical injury.1
1 Va. Code § 19.2-152.14(A)
2 Va. Code § 19.2-152.7:1
