A protective order is a document ordered by the court to say that someone cannot come near a person, their family or other persons, or come onto their property. The order is granted if someone says they have a reasonable fear or apprehension of bodily harm or injury by the person or persons.
The purpose of a protective order is to protect individuals from reasonably anticipating future acts of violence or sexual assault. Protective orders have a timeliness requirement as well as a reasonableness requirement, meaning that the person requesting that another individual or individuals be forbidden from contacting them or coming near them has the burden of proving that they are reasonably afraid of the other person. For that, they must submit evidence to the court to show that fear. It also must be timely, meaning the things that made the person afraid have happened recently.
If you have had a protective order placed against you, you should reach out to an experienced domestic violence attorney. Let a Fredericksburg protective order lawyer advocate for you and help you understand your legal options.
Protective orders often accompany criminal charges such as cases of assault or domestic violence. It is not uncommon that they accompany those charges or when individuals have taken action that is not quite criminal behavior, but may be leading in that direction, such as stalking or threats.
Any individual who believes they are in reasonable fear or apprehension of bodily harm is qualified to request a civil protection order. Protective orders can last for up to two years in Virginia.
Civil protection orders are initially granted by the clerk of the court, and they are then expanded or ratified through a due process hearing. If an individual requests a civil protection order and they make a prima facie showing that they are eligible for one by filing a petition with the court under oath, they can have one granted and it becomes effective when served on the party who is the target of it. That party, however, has the right to challenge the protective order. When they get served with the order, they are notified of the court date on which they are required to appear to challenge if they choose to do so. A protective order lawyer in Fredericksburg could help an individual challenge an order placed against them.
A protective order can be violated if the person has prohibited contact with the other individual. A violation of a protective order can lead to a criminal charge. This means a violator could be facing jail time, fines, and other repercussions.
If someone has a civil protection order issued against them, they should obtain an accomplished attorney who has the ability to fight it.
Having a civil protection order against an individual does not affect their criminal record, but their record in a background check would show having a protective order served against them. This may affect many aspects of one’s life, such as the right to possess firearms in the future. Whether a protective order impacts a person’s employment depends on the nature of the employment. There are many instances in which a protective order will not harm their employment, but in others, they might.
For more information about protective orders and how an attorney could help, call a Fredericksburg protective order lawyer today.
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