If a protective order is issued in Virginia, you may need help either prosecuting the protective order or defending the protective order. An protective order lawyer in Virginia can help you with a protective order either way. If a protective order has been issued against you, our experienced criminal defense attorneys can help defend your rights. There are three kinds of protective orders: Emergency, Preliminary, and Full Protective Orders. Depending on the type of the protective order issued against you, a violation can greatly impact your personal freedom and legal rights. It is important to have an experienced protective order lawyer help defend and advocate for your best possible legal outcome.
The protective order may be issued for a specified period; however, unless otherwise authorized by law, a protective order may not be issued under this section for a period longer than 2 years. A copy of the protective order shall be served on the respondent and provided to the petitioner as soon as possible.
Emergency protective orders can be issued 24 hours a day, 365 days a year. An emergency protective order can be issued by any circuit court, general district court or juvenile and domestic relations district court judge or by any magistrate. Given the urgency of many circumstances, a law enforcement officer may request an emergency protective order orally, in person or by electronic means. The judge or magistrate may issue an oral emergency protective order, which must be reduced to writing by the law enforcement officer who made the request. There must be sensible grounds to trust that the defendant has committed family abuse against a family or household member and that there is probable danger of more family abuse by the defendant. An emergency protective order expires 72 hours after it is issued.
Even where a law enforcement officer has not been involved, a juvenile and domestic relations court can intervene upon the petition of the victim by issuing a Preliminary Protective Order. The order remains effective while the parties wait for their court hearing. If the court declines to issue a Preliminary Protective Order without notice to the offender, the court schedules a hearing in the matter, and a copy of the petition as well as a notice of the hearing date and time is served on the offender. After the court hearing, the court decides whether or not to issue a protective order.
For Full Protective Orders, it is not necessary to show the court that the family or household member faces immediate and present danger. Following service of procedure, notice of a hearing date, and an opportunity to be heard, the court decides whether or not to enter a Full Protective Order. A Full Protective Order will remain in effect for two years.
If you need the help of a protective order lawyer in Virginia in Fairfax, Prince William (Manassas), Fauquier (Warrenton), Loudoun (Leesburg), Caroline, Stafford, Spotsylvania (Fredericksburg), Chesterfield, Henrico, Arlington, Richmond, Alexandria, Warren (Front Royal), Clarke, Shenandoah, King George, Charles City, Frederick (Winchester), Fredericksburg, Gloucester, Hanover, Hopewell, James City, King & Queen, King William, New Kent, Newport News, Petersburg, Prince George, Rappahannock, York, call our law firm immediately for help and speak to a lawyer about your options.
The SRIS Law Group can help you best possible outcome based on the facts of your case. If you wish to consult an SRIS Law Group, P.C. protective order attorney in Virginia, call us at 855-696-3348. B