Under Virginia law, a protective order is an order issued by a court, protecting someone from an act of abuse by another. It is exactly as it sounds: to protect an alleged game or pattern of conduct from continuing to happen. Protective orders are issued typically by a magistrate although they can also be issued by a clerk or by a judge.
A protective order may be granted in a variety of circumstances. The most common is when someone is alleged to have proven an act of abuse by another. This can either be in conjunction with a criminal case but does not have to be. If you have had a protective order placed against you, reach out to an experienced domestic violence attorney. A Virginia protective order lawyer could advocate for you and help you understand your legal options.
There are many kinds of protective orders in Virginia. There are emergency protective orders that are issued for a set period of time, which are done ex parte. Typically, the most common emergency protective order is done when someone is placed under arrest for an act of domestic violence.
Preliminary protective orders are protective orders that extend beyond the emergency protective order time period. Then, after a due process hearing, a permanent protective order may be granted for a period of up to two years. A permanent protective order could also be placed against someone. Consult with a protective order lawyer in Virginia for more information.
Protective orders can last for up to three years if someone is granted a permanent protective order. Other protective orders last for not nearly as long a period of time. For example, a preliminary protective order will last until a new protective order takes place but it will be given a date in which it expires. The key for a preliminary protective order is that the party must do one of two things:
Typically, a civil protection order is going to first and foremost forbid contact between the parties. A protective order can have a provision forbidding all contact. This includes all direct and indirect contact through a third party. Also, a protective order may allow for limited contact. There are some circumstances in which contact is required in order for people to function throughout their lives. For example, the two parties may have a child in common or own property together.
Protective orders commonly prevent individuals from residing in the same residence. Then, there are also provisions or certain types of protective orders that grant other types of relief. These other types of release may include things like the use of a property.
There are some circumstances in which a protective order can be vacated or modified. A protective order could be vacated or modified by the consent of the parties. A protective order can be modified or vacated through a motion, by a judge in pursuant to the hearing, and it can be done pursuant to a resolution of the case.
If a protective order is extended, parties will still seek to amend the protective order. Generally, parties can seek to appeal, modify, or revisit a protective order for a variety of reasons. Call a Virginia protective order lawyer for help with getting a protective order vacated or modified.
A protective order can have a significant impact on your life. And if you are charged with violating one, you could be facing serious penalties. Contact a Virginia protective order lawyer to learn more about how an attorney could assist your situation.
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