Strategic Guidance With A Protective Order Attorney
Emotions can run high in family or domestic situations. A protective order can become necessary to ensure your safety. Conversely, protective orders can also be improperly used against you. Whether you need guidance to obtain a protective order or require a vigorous defense against domestic violence accusations, an experienced protective order attorney is a valuable resource.
What Is A Protective Order?
As an order issued by the Virginia court, a protective order prohibits one person from performing specific acts to protect another. Prohibited actions can include contact, harassment or threats. Virginia law provides for three distinct types of protective orders:
- Emergency protective order (EPO): A magistrate or judge can issue an EPO immediately, often following an arrest for domestic abuse or assault and battery. It is short-term, lasting only until the court can hold a hearing, usually up to 72 hours.
- Preliminary protective order (PPO): A judge can issue a PPO after a brief, one-sided hearing if the person seeking the order presents enough evidence of danger. This order lasts until the final hearing, typically up to 15 days, to allow time for the other party to be formally served and prepare a defense.
- Final protective order: Granted after a full court hearing where both sides present evidence in a protective order hearing, a final protective order can last for up to two years.
These orders protect individuals who are victims of domestic violence, threats, stalking or child abuse by a family or household member.
What Is The Process For Filing A Protective Order In Virginia?
If you fear for your safety, protective orders are filed at the Juvenile and Domestic Relations District Court (JDR court). As the petitioner, you will file a sworn statement that provides specific facts and details that allege your grounds for a protective order. In other words, your documentation must clearly show why you need protection.
If the court finds immediate danger, an EPO may be granted immediately by a magistrate or judge. When an EPO is not needed, the court will schedule a preliminary hearing. If the judge believes your petition shows cause, a PPO is issued. The respondent (the person the order is against) must then receive service of process for the order and the notice for the final hearing.
At the final hearing, both sides present testimony and evidence. The judge listens to both arguments before deciding whether to issue a final protective order. Whether you are the petitioner or the respondent, this is a critical hearing. A knowledgeable protective order attorney is essential.
Why Is It Important To Follow The Terms Of A Protective Order?
If a protective order is issued against you, strictly following all its terms is crucial. Violating the order, even accidentally, can lead to severe consequences, including criminal charges. Violating a protective order is a criminal offense. Criminal charges can lead to arrest, jail time and significant fines. If you have been accused of violating a protective order, a seasoned criminal defense attorney can help.
As a civil order with criminal penalties, a protective order touches both criminal and family law. At Schmergel Family Law, PLC, our collaborative approach to our caseload is a major benefit. We are fully prepared to defend you in both arenas, whether you are facing a contempt charge in the family court or a misdemeanor charge in the criminal court. We can also handle the complexities that arise from orders that have full faith and credit across state lines.
Get Help From An Arlington Protective Order Attorney
Protective orders are legal directives with significant, life-altering impacts. Do not go into the courtroom without professional legal advice. Put a firm behind you, not just an attorney.
Our attorneys are available by appointment for initial consultations to provide the pragmatic and strategic guidance you need. To schedule a confidential appointment, call us at 703-763-2645 or send us a message through our website.