Everyone understands how emotionally draining it can be to be a victim of physical abuse inflicted by a loved one. If your spouse or partner abuses you and you have children, it can be a difficult situation to deal with emotionally. You feel trapped in the abusive relationship. You believe that leaving the spouse is the wrong decision. Protective orders in Virginia are granted to protect a victim from abuse. The relief provided to the victim can be from any kind of abuse by a family member. The legal requirements are provided under the Protective Order Virginia code 16.1-253, 16.1-279.1, and Chapter 9.1 of the Criminal Procedure. Under these provisions, any person who feels threatened or believes that violence may be inflicted on him/her can seek a Virginia Protective Order. There are several factors that the Court considers before entering Protective Orders in Virginia.
Our lawyers at The Law Offices Of SRIS, P.C. can provide you with effective guidance on how to proceed. If you are a victim of domestic violence, it is crucial to consult with a skilled lawyer at the earliest to know how to get a Protective Order in Virginia. By discussing the facts of your case with a proficient lawyer, you can analyze the facts involved to identify the possibility of being granted a Protective Order for harassment in Virginia. You will get a fair idea about the pros and cons of your case by speaking with our lawyers. Schedule an appointment with our team right away to proceed in the right direction.
How can your attorney assist you?
When dealing with your domestic violence case it is important to understand the process. Speak to our lawyers to know what is a Protective Order in Virginia. The law is complex and you definitely need professional support to obtain a favorable result. If your spouse or partner has obtained domestic violence restrictions against you, you are entitled to certain rights during the process. These rights include the right to be notified of the restrictions imposed. Also, you have the right to receive a notice about the court hearing. A notice provides you with information about the date of the hearing and the charges initiated against you. You have the right to defend the charges with the assistance of a skilled lawyer. The law provides you with an opportunity to present your version of the events. If you proceed to defend your case in Virginia without a lawyer by your side, you may commit errors that can have drastic consequences. Your future can be affected if a Protective Order is entered against you. Protective orders are public records in Virginia and can result in the loss of your reputation and you may end up being denied employment opportunities. Due to these reasons, it is important to try and get the case dismissed.
Understanding the types of protective orders in Virginia
Different types of Protective Orders are granted based on the needs of the case as follows:
- If there is an emergency situation, an emergency Protective Order is granted in Virginia.
- If the threat to the victim exists, a preliminary Protective Order in Virginia can be obtained.
- In some cases, the threat to the life or body of the victim continues even after the preliminary order is entered, then a permanent Protective Order is granted by the court.
If you are a victim of domestic violence, you should consult with a proficient lawyer about your case to identify the relief that is most appropriate to your case. The court considers several factors before granting a Protective Order. These factors include ascertaining whether the threat exists, how serious is the threat, the relief required to secure the safety of the victim, the capacity of the perpetrator to inflict harm on the victim, and other such factors.
Are Protective Orders public record in Virginia?
Virginia Protective Orders are public records. As these Protective Orders are made part of the public record, they can be a hurdle to the future prospects of the defendant against whom the order is entered. You may not be able to get employed in a reputed concern as your employer will conduct a background check on which these restrictions will be shown. If you wish to avoid these consequences, it is important to prepare a solid defense with the aid of our proficient lawyers. Our lawyers will check all aspects of your case to identify the important issues. Due to years of experience in handling clients with similar legal problems, our lawyers can usually prepare the right defenses. Our team will pay attention to every fact related to the protection order Virginia case. Based on such a detailed analysis, our lawyers will represent your defense in a persuasive manner to try and get a favorable outcome.
Emergency Protective Orders and the challenges involved
If there appears to be an immediate threat to the victim, the court grants an emergency Protective Order Virginia. These are the important aspects involved:
- For a Virginia emergency Protective Order, the victim should prove that he/she has been threatened by the alleged perpetrator.
- Any act of stalking the victim is also a ground to obtain an emergency Protective Order. The victim may be required to state under oath about the stalking or the threat inflicted upon him/her.
- The court analyzes the facts of the case to assess if there is any indication of the victim being affected by the stalking or the criminal threat in the future. After a careful analysis of the case, if the court finds that the victim is in danger of being subjected to the said harassment, then an arrest warrant will be issued against the alleged perpetrator. In these emergency cases, the order is usually an ex parte order.
- In these emergency situations, the court has the authority to impose a number of restrictions. In emergency hearings, one of the conditions imposed relates to the prohibition of the alleged stalking by the perpetrator.
- The court examines the situation to understand whether the alleged perpetrator should be prohibited from contacting the victim. If the judge is of the opinion that such a no-contact restriction is necessary for the case, a no-contact restriction is imposed in the emergency Protective Order in Virginia. The court may impose other restrictions as part of the emergency restrictions according to the needs of the case.
- The emergency Protective Order is generally entered for a period of 72 hours from the time it is entered. It is important for the Protective Order to be served on both parties. The victim has the right to file for a Protective Order in the Juvenile Domestic Relations District Court after the expiry of the emergency Protective Order.
If you are a victim and require an emergency Protective Order, consult with our lawyers right away!! We will guide you through every step. In some cases, the Protective Order statutes are abused and false allegations are imposed. If you have been imposed with false allegations and an emergency Protective Order has been imposed on you, you should take the support of our proficient lawyers. We will do our best to help you get the emergency Protective Order dismissed. Schedule an appointment with our lawyers right away for immediate solutions!!
When does the court enter preliminary Protective Orders?
The procedure to obtain a preliminary Protective Order is similar to the emergency Protective Order process. The Virginia preliminary Protective Order form is required to be submitted for relief in cases involving abuse.
Following are the important aspects involved:
- If a victim believes that the threat to his/her life or body exists, then a petition for a preliminary Protective Order can be entered by the Juvenile and Domestic Relations District Court.
- If a petitioner provides sufficient proof that he/she is under threat that is immediate and present, then the preliminary Protective Order can be entered in the Juvenile Domestic Relations District Court without giving notice to the alleged perpetrator.
- The existence of immediate danger to the victim is the factor that decides whether the Protective Order should be granted.
- The preliminary Protective Order hearing Virginia serves the purpose of protecting the victim till the court hearing for the permanent Protective Order is scheduled.
- For the entry of a Protective Order in Virginia, the court may require the victim to either provide a written affidavit about the danger to his/her life or may require the victim to swear under oath about the danger presented.
- When a Protective Order is entered in Virginia, the alleged perpetrator is properly notified about the restrictions. The date and time of the hearing are specified. The law provides an opportunity for the defendant to present his version of the facts. It is mandatory for a hearing to be scheduled within 15 days from the date of the preliminary hearing. This mandatory period is specified to avoid imposing restrictions on a defendant for an unreasonable period of time. Also, scheduling the hearing within the required period affords the required opportunity to present evidence as to why the Protective Order should be dismissed.
If you are a victim in need of a preliminary Protective Order Virginia, please contact our lawyers right away!! We will walk you through each step. The Protective Order statutes are abused in some cases, and false allegations are imposed. If you have been charged with false allegations and a preliminary Protective Order has been issued against you, you should seek the assistance of our knowledgeable attorneys. We will do our best and try to have the case dismissed. Make an appointment with our lawyers as soon as possible for immediate solutions!!
Is your hearing continued? Take help from our team
If the defendant established good cause, the Protective Order hearing will be continued. When a Protective Order hearing is continued, the parties often have doubts as to whether the Protective Order is valid during the period of continuance granted in the case. Get your doubts cleared by the experienced Virginia lawyers at The Law Offices Of SRIS, P.C. Our Virginia lawyers will help you get a clear idea about the process involved.
When a continuance is granted, the Protective Order remains effective during the time the Protective Order hearing is continued. At the hearing, both parties are provided an equal opportunity to present their case. If the alleged victim is able to establish that threat to life exists, the Protective Order is entered. This permanent Protective Order Virginia entered by the Virginia courts after the expiry of the preliminary Protective Order remains effective for a period of two years. If the alleged victim is unable to provide sufficient evidence of a threat to life or body, then the preliminary Protective Order will be dismissed by the court. If a false Protective Order Virginia has been obtained against you, you should immediately take the support of our skilled lawyers. Our lawyers will carefully analyze your case to identify the right defenses to try and get the Virginia Protective Order dismissed. Fix an appointment with our lawyers right away!!
What are the different conditions that can be imposed?
Different restrictions may be imposed by the Court through a Virginia Protective Order including restrictions from meeting the victim in person, restricting all means of contacting the victim including phone or through any social media accounts. Other orders that are entered include an order to vacate the residence shared with the alleged victim. In Virginia domestic violence cases, custody of any minor child involved in the case is temporarily entrusted to the victim. In Protective Order Virginia firearms cases, if the alleged perpetrator has a license to own a firearm, the court may impose restrictions on holding firearms. The Virginia Protective Order firearms is imposed to ensure the safety of the alleged victim. If the victim reports that the alleged perpetrator is threatening him/her by stalking, the court orders a Virginia stalking Protective Order. If you have been imposed with restrictions based on a Protective Order in Virginia, you should take the assistance of our proficient lawyers. Our team will help you understand the complex legal terms connected to a Protective Order in Virginia. Consulting with our lawyers will help you understand what is allowed and what is not allowed under Virginia Protective Order statute. To get all your doubts clarified, contact our lawyers right away!!
What happens if you violate a Protective Order in Virginia?
“What are the restrictions imposed?” should be one of the first questions you should ask after being imposed with a Protective Order in Virginia. In cases involving Protective Order violations, the intention of the violator is not important. Proof of violation of Protective Order Virginia code is sufficient for a conviction. If a violation of Protective Order Virginia occurs, the victim should call the police at once. The Virginia lawyers opine that when a victim deals with the violation without contacting the police, the risk of injury to the victim increases. A Virginia Protective Order violation should immediately be reported to the police. If a Protective Order violation Virginia is committed, the law enforcement officers will conduct an arrest and take action against the violator. If it is a violation of a no-contact Protective Order then it is important for the victim to submit proof of the violation by recording phone calls, text messages, and other contacts made. The 1st violation of Protective Order in Virginia is punishable as a Class 1 misdemeanor. Consult with a Virginia lawyer to understand the possible penalties for any acts that violate Protective Order Virginia. Understanding the terms of the restrictions with the guidance of skilled Virginia lawyers will help you in avoiding Protective Order violations. Are you aware that serious penalties including a 12-month jail sentence and a fine up to $2500 can be imposed for a Protective Order violation in Virginia? If you are charged for violating a Protective Order in Virginia, hire proficient Virginia lawyers to get the charge dismissed. Our lawyers at The Law Offices Of SRIS, P.C. can provide you with professional guidance on how to proceed after a Protective Order violation charge in Virginia. Schedule an appointment with our Virginia lawyers right away to defend your alleged violation of a Protective Order Virginia!!
Defending against Protective Order in Virginia
Preparing an effective defense against the issuance of a Protective Order in Virginia can be a complicated task. It is essential to take the support of skilled Virginia lawyers to handle this task. Our Virginia lawyers have dealt with several clients with similar legal problems as you and can provide you with the required assistance. The first thing you need to know about a domestic violence Protective Order Virginia case is that complying with the conditions of the order is essential. Not complying with the terms of the order will result in additional charges. You should always comply with domestic violence Protective Orders in Virginia while at the same time preparing a robust defense with the support of a skilled Virginia lawyer. The Virginia Protective Order statute provides you with the right to receive notice of the hearing and the right to defend the allegations imposed against you. Safeguarding favorable evidence is crucial in these cases. If a Virginia violation of Protective Order is charged, the alleged perpetrator should always remember to preserve all relevant evidence. The possibility of getting the restrictions dismissed depends wholly on the evidence provided to the lawyer. You should collect all evidence that can be used in your favor in court by the Virginia lawyer. It is important to remember that this hearing is the only opportunity to present your version of the facts. You should be cautious at every stage of the case. Avoid destroying or discarding any evidence related to the case. When important evidence is missing, the court may not believe in the version you present. Preserve all information and evidence to confidently face the Virginia Protective Order hearing. If a Protective Order has been entered in Virginia, you have the right to appeal it. It is important to hire a skilled attorney to contest a Protective Order Virginia. Seek professional support from our lawyers at The Law Offices Of SRIS, P.C. to try and get a favorable outcome in the appeal Protective Order Virginia. Fix an appointment with our lawyers to know more about the process.
Clients often want to know about Protective Order vs restraining order Virginia. It is important to understand that both relate to imposing restrictions. Traditionally, court-imposed restrictions were termed restraining orders, under current Virginia law, court-imposed restrictions are termed Protective Orders. If you are a victim of family abuse, gather all facts and speak with our Virginia lawyers to know how to file a Protective Order in Virginia. For all acts of family violence such as domestic assault by one spouse on another, a family abuse Protective Order Virginia can be entered. Filing a Protective Order in Virginia can be complex if you do not understand the process involved. Consult with our lawyers at The Law Offices Of SRIS, P.C. to file for your protective order Virginia in a smooth manner. Schedule a meeting with our lawyers right now for any matter related to a protective order in Virginia. Our Virginia lawyers are familiar with the procedures involved in these matters, regardless of whether you have been falsely accused or are a victim of family abuse, we can provide adept guidance. Call us immediately!!
How long does a protective order last in Virginia?
Clients seeking professional guidance from our skilled lawyers want to know how long the protective order is valid in Virginia. Our lawyers explain that the period of validity depends upon the type of Virginia protective order. All emergency restrictions last for up to 72 hours. This period cannot be increased or shortened. All restrictions imposed in the preliminary hearing in Virginia stay valid for fifteen days from the date of entry. However, if criminal charges are involved, the period may be extended till a finality is reached in the criminal case. A protective order entered after the preliminary restrictions last for two years and can be extended. Speak with our lawyers to understand the terms and conditions of your Virginia protective order. To get all your doubts clarified, call us for a quick consultation right away!!
How to extend a protective order in Virginia?
Any Virginia order of protection protects the victim in cases where the threat to the life or safety of the victim is present. The length of such protection varies based on the facts of the case. A permanent protective order that is initially entered for a period of two years can be extended for an additional period of two years if the facts of the case require such an extension. If the petitioner presents sufficient evidence at the protective order hearing Virginia that the threat to his/her life exists, then the court orders an extension. Take the assistance of the protective order lawyers Virginia to find the right strategies. Our lawyers can help you try and fight an extension request by the petitioner by aggressively representing your interests. Speak with our lawyers at once for quick solutions!!
Child protective order Virginia – Understanding the steps
The Virginia courts enter child protective orders to protect the interests of the child. If anyone makes a complaint that the life or body of a child is in danger, a child protective order is entered. If a child has been abused or neglected, in any manner, including inflicting physical violence or mental torture, the Division of Social Services often institutes an investigation into the issue to analyze if the child has been abused. If the investigation reveals that the minor child has been tortured, or if the neglect is so serious that it is unsafe to allow the child to remain at home, the child is removed from the parent’s home. In the preliminary hearing in these cases, the court will require the parent to remedy the situation. For instance, the parent may be required to maintain a clean and hygienic home, provide proper education for the child, and take steps to maintain the health of the child. If the case involves violence against the child such as hitting the child, the court will require the parent to restrict himself/herself from acting violently against the minor child. In some child protective orders Virginia cases, abuse of the child can include exposing the minor child to immoral conduct or inappropriate conduct. In these situations, the court expressly orders the parent to not be involved in such conduct. Child abuse related cases can result in ex parte protective orders in Virginia without notice to the Respondent. Such ex parte child protective order in Virginia is valid for five days, within which the preliminary protection should be obtained. The court has the discretion to enter a removal order as part of the emergency protective order to save the child from imminent danger. Speaking to the lawyers at The Law Offices Of SRIS, P.C. will provide you with clear insights about the Virginia child protective order. Fix an appointment with our protective order lawyer Virginia right away!!
How to appeal denial of protective order Virginia?
Are you someone whose request for protection from domestic violence in Virginia has been denied? We know you are perplexed that your request for protection has been denied. Do not worry!! Our lawyers at The Law Offices Of SRIS, P.C. will do their best to provide comprehensive support to victims whose request for protection has been denied in Virginia. Our lawyers can help you appeal denial protective order Virginia. Taking prompt action is crucial in these cases. The Virginia protective order laws provide that any appeal against the denial of a protective order in Virginia should be filed in the Circuit Court within 10 days from the date of denial. There are a number of forms related to appealing a protective order in Virginia. Discuss with our lawyers at The Law Offices Of SRIS, P.C. to take the right step forward. Our team will guide you through every stage of the appeal process. Consult with our lawyers right away to file your appeal within the specified limitation period. Do not risk getting the appeal dismissed due to late filing. Contact our lawyers right away!!
Can a party apply for removing the restrictions imposed under a protective order?
Can you modify the conditions of a protective order? Yes!! You can request to modify the conditions of protection in Virginia by filing a Motion to Amend preliminary protective order Virginia. When conditions change, there is a need to file for modification. A motion to modify can be filed if there is proof that the statements of the alleged victim were not reliable. If the alleged perpetrator submits evidence that the information provided by the victim to obtain the protective order is false, then the motion to modify will be granted by the court. If the court-imposed restrictions in Virginia are connected to criminal charges which are dismissed, then the dismissal of the criminal charge can be ground to obtain a modification of the terms of the protection. Are you someone against whom a false protective order has been obtained in Virginia? Take immediate guidance from our skilled lawyers. Our team will go through all aspects of your case to provide you with assistance throughout the case. Schedule an appointment with our lawyers right away!!
Can law enforcement officer file protective order Virginia?
Yes!! A law enforcement officer can request an emergency protective order in Virginia under § 19.2-152.8 if the person in need of protection is not capable of filing a petition seeking protection. The inability to request legal protection can be physical or mental. In a situation where the victim is not capable of proceeding legally for protection, a law enforcement officer can file a protective order in Virginia. Clients often seek information as to “Can police officer file protective order Virginia?”. Yes, a police officer can file protective order in situations where the victim is physically or mentally challenged. The officer can also request for extension of the original emergency protective order for up to three days.
Evidence for protective order Virginia
According to the code of Virginia emergency protective order, if the threat to the life or body of the victim exists, then an emergency protective order is entered. The goal of such protection in Virginia is to end the violence inflicted on the victim. In Virginia, one of the common restrictions imposed on the perpetrator is prohibiting all types of contact with the alleged victim. By stopping the alleged perpetrator from contacting the victim, the Virginia court makes the victim feel safe. In Virginia cases, the victim has the burden of proof for a protective order in Virginia. Protective orders are entered in Virginia if the victim is able to establish to the court’s satisfaction that the perpetrator has inflicted violence. These cases can include violence in any form such as physical harm, or threat of physical harm. There are several practical problems associated with the burden of proof protective order in Virginia. Taking professional support is essential. Another important element to be proved is that the alleged perpetrator is the victim’s relative. A person can be considered a family member if he/she is related to the victim by marriage or blood or are in a relationship analogous to marriage. On consulting with a Virginia lawyer about the evidence to be provided, you will understand that the Court analyzes whether there is a possibility of occurrence of violence in the future. Providing proof of certain isolated incidents in the past will not result in a protective order, there should be proof that is sufficient to demonstrate that the victim is under threat of future violence. Proof that supports the grant of protection from domestic violence includes photos, videos, text messages, and statements from witnesses.
How to respond to the ex parte protective order Virginia?
An ex-parte protective order Virginia provides immediate protection to the victim. If the situation is life-threatening, then the court conducts ex-parte proceedings in Virginia. The ex-parte protective order is the protection provided as a first step to a domestic violence victim in Virginia. These restrictions are imposed for such a period as the court finds reasonable. The length of the restrictions imposed by the ex-parte hearing is based on whether there exists cause for domestic violence as per the requirements of the statute. The main difference between ex-parte and emergency hearings is the involvement of criminal charges. When a case does not involve criminal charges, the victim is provided protection through the ex-parte proceedings. After the ex-parte order, the court decides whether a preliminary hearing should be conducted. After the expiry of the preliminary restrictions, the court decides whether permanent restrictions should be imposed. If you are a victim of domestic violence and no criminal charges have been framed, you should request an ex-parte hearing with the support of a skilled Virginia lawyer. Our attorneys at The Law Offices Of SRIS, P.C. have helped clients with their Virginia domestic violence cases regardless of whether they are facing allegations of domestic abuse or are victims of violence. If ex-parte restrictions have been imposed against you in Virginia based on false allegations, consult with our lawyer immediately. Our lawyers will help you understand how to comply with the restrictions. Also, our team will guide you with all possible steps to try and get the restrictions removed by the applicable court process. Fix an appointment with our lawyers at once for quick solutions. Call now!!
How to drop a protective order in Virginia?
You will be surprised to know that a protective order in Virginia can be dropped. Generally, the person who requests protection, that is the victim, can drop the protective order in Virginia. The victim can get the protective order in Virginia vacated, amended, modified, or dropped. The court grants the victim’s request based on the change in circumstances. Also, the Respondent can file a motion to dissolve protective order Virginia based on a change in circumstance. There are several factors the court takes into consideration before entering an order to dissolve protective order Virginia. A skilled lawyer is familiar with the factors the court considers before dissolving a protective order Virginia. Our lawyers will assess your case to analyze if this is the right opportunity to file for dissolving the protective order in Virginia. We are familiar with the grounds of opposition to your motion to dissolve. Consult with our attorneys before filing to dissolve the protective order. Our Virginia lawyers will guide you through every step. Call our attorneys right away for all questions related to can a protection order be dropped in Virginia!!
Can I file a protective order Online?
Victims affected by domestic violence are keen to know how to file a protective order online Virginia. The Protective order Virginia online assistance is available through I-CAN. It is a program that helps in online form completion when domestic violence is involved. This is a useful program that assists victims affected by domestic violence to get relief quickly. Another important advantage of this program is its availability in Spanish. It is important to provide accurate information about the person from whom the victim is seeking protection. I-CAN generally seeks information about the person’s name and address, date of birth, and other contact information. I-CAN does not provide you with legal guidance, it only assists you in completing the required forms. For professional guidance as to how to proceed, you should speak with a proficient lawyer. It is always important to familiarize yourself with the procedure before proceeding. Taking the guidance of the best lawyers in Virginia for protective order can help you understand how to file for a protective order in Virginia.
Our lawyers at The Law Offices Of SRIS, P.C. will help you understand how the process works. Our team will go through the facts of your case to identify the right solutions. Consulting with our lawyers will help you proceed in the right direction. Representation by experienced and efficient lawyers may make a critical difference in the outcome of your case.