Protective orders are court orders instructing individuals to stop harassing, abusing, or contacting another person for a period of time. A protective order can be filed by anyone with adequate jurisdiction. It can be filed by an alleged victim, or it can be filed by a law enforcement officer in the course of making an arrest for a crime of violence.
If an individual is filing a protective order against a family or household member, then they will need to file in the juvenile and domestic relations court in Fairfax County. If an individual is filing a protective order against an acquaintance, or a previous partner whom they do not reside with, they will need to file in the general district court.
If someone has filed a protective order against you, contact a Fairfax protective order lawyer. A distinguished domestic violence lawyer will help you navigate the nuances of your case.
Protective orders prohibit certain actions. Individuals may also be required to complete specific classes related to mental health or alcohol and drug abuse. All protective orders differ depending on what the alleged victim has requested. In most protective order cases that Fairfax protective order lawyers have seen, the individual granted a protective order will ask that the alleged perpetrator does not contact them in any way.
Protective orders are civil cases, meaning that the cases can be brought by any individual against another. This differs from criminal cases which are brought by prosecutors. Due to this reason, if a protective order is granted, courts do not typically order the accused to be put in jail. The general outcome of a protective order case is that either the order is accepted or rejected.
A protective order can only be vacated, changed, or extended by a judge. This typically occurs if one of two things happen: either the parties come to an agreement and offer a consent order to a judge that changes, withdraws, or extends the preliminary order; or there is a hearing on the merits and a judge decides that it is appropriate to change, modify, and/or grant the relief that is sought.
If you have been accused of a criminal offense, and accompanying that allegation is a protective order, contact a Fairfax protective order lawyer immediately. This type of case would need to be handled on multiple fronts by an attorney who understand the complexities of the allegation and the order respectively.
Experienced attorneys know that for criminal cases, such as domestic violence cases, there needs to be proof that the crime took place beyond reasonable doubt in order for an individual to be charged. They also know that for civil cases, such as protective order cases, more than 50 percent of the evidence presented needs to support the allegations made by the alleged victim for the order to be accepted.
A Fairfax protective order lawyer could work through the nuances of your case and determine the best course of action for you.
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