Visit the frequently asked questions section of the Virginia Courts System at: http://www.courts.state.va.us/faq/cases.html
A principle function of the Magistrate is to provide an independent, unbiased review of complaints brought to the office by police officers, sheriffs, deputies, and citizens. Magistrate duties include determining probable cause for issuing arrest warrants and search warrants. In addition, the Magistrate conducts bond hearings to set bail in instances in which an individual is charged with a criminal offense.
For more information visit the Office of the Magistrate: http://www.courts.state.va.us/mag/page1.htm
You may request a protective order if you are the victim of family abuse. Family abuse is any act of violence, including any forceful detention, which results in physical injury or places one in reasonable fear of serious bodily injury and which is committed by a person against a family or household member.
The protective order can require that the person causing the abuse leave the house, have no contact with the victim, including no trespassing on the property, and no further abuse of the victim. There are three types of protective orders: Emergency, Preliminary and Permanent orders.
Emergency Orders are available to individuals who need immediate protection. An abused party may request an emergency order from a magistrate. If the magistrate finds reason to issue the order, it will be in effect for at least 72 hours, allowing enough time for an abused party to file a petition for a preliminary order with the juvenile and domestic relations district court.
The Preliminary Order is issued based on a petition filed by the abused party and after a hearing by a judge to determine that the order is required to protect the health and safety of the petitioner. The preliminary order is in effect for fifteen days. A full hearing at which both the petitioner and the accused abuser must be present will be scheduled during that fifteen-day period. If the judge finds sufficient reason to issue a Permanent Order during that hearing, the permanent order can be in effect for up to two years. Both parties may petition the court to dissolve or modify the order at any time. Petitions for Preliminary Protective Orders and Permanent Protective Orders are filed through the Court Services Unit of the Fluvanna Juvenile and Domestic Relations Court. They can be reached at 434-591-1990 during normal business hours.
Important Information For Domestic Violence Victims Regarding Protective Orders.
If you have an emergency protective order, it expires on the date and time shown at the bottom of the form. If you want a protective order beyond that time, you MUST contact the Court Services Unit at 434-591-1990 in order to request a petition for a protective order. The petition must then be filed with the Fluvanna County Juvenile & Domestic Relations Court no later than 4pm the Tuesday before your current order expires in order for it to be placed on the Court's docket the following day.
top of page
How do I obtain a Misdemeanor Warrant?
(This would apply to Bad Check warrants, Assualt warrants, Trespass warrants, and Property Destruction warrants.)
Definition: A Misdemeanor is a minor crime (as opposed to a felony), which is punishable by fine or imprisonment in a city or county jail rather than in a penitentiary.
Process for Warrants:There are two main ways to go before the Magistrate to obtain a Misdemeanor Warrant. First, a citizen may go before the Magistrate at the Magistrate's Office. The office of the Magistrate who serves Fluvanna County is located at the Central Virginia Regional Jail, on Route 15, in Orange, Virginia. Second, a citizen may go before the Magistrate by way of video link from the Fluvanna County Sheriff's Office. Citizens may also call the Magistrates Office at 540-672-1087, however, warrants are not issued over the phone.
Step 1 : Probable Cause
Before a Magistrate can issue an arrest warrant or summons in a criminal case, they must use discretion to decide if probably cause exists to issue a process. (Probable cause is a reasonable belief based on facts that would cause a prudent person to feel that the accused committed the offense.) To determine probable cause, the Magistrate must decide that there are facts logically indicating that the accused committed an offense, and that there is some basis for determining that the facts are reliable.
Step 2: Sworn Statements
The facts are presented to the Magistrate in the form of sworn statements of a citizen or a law enforcement officer relating to the commission of an alleged offense. These statements are made under oath, and the Magistrate may require that they be reduced to writing in a criminal complaint form and signed.
Step 3: Issuing Warrants/Summonses
If the Magistrate finds that the facts support a probable cause finding, he or she then issues an arrest warrant or a summons. The Magistrate will issue a summons in lieu of an arrest warrant when the Magistrate believes the accused will appear in court as directed in the summons.
Arrests: In executing the summons, the law enforcement office does not arrest the accused. The accused, however, must appear in court at the time and place specified in the summons.