In Virginia, an ex parte protective order gives a petitioner the chance to have full court-ordered protection without requiring any underlying criminal charges. An ex parte order can provide much needed protection before a full hearing can take place. In cases of domestic abuse and violence, this extra time could help keep you safe.
Contact a compassionate criminal defense attorney to gain an advocate through any protective order proceedings. Skilled representation could make a critical difference in the outcome of your domestic violence case.
When someone initially seeks a protective order in Virginia, an ex parte proceeding is the first step. Ex parte means a proceeding in which only some parties are involved. An ex parte protective order is generally granted as long as the judge finds enough suspicion to meet the statutory requirement. This means the court finds the petitioner has a reasonable fear of imminent bodily harm or injury to the person. After an ex parte hearing, the court gives notice to the respondent that a protective order is now placed against them and that they must report to the court.
An ex parte protective order lasts until the party seeks a full preliminary protective order and has a hearing. At the full hearing, it will be determined if a protective order is proper and if the respondent should be served with a permanent protective order. An ex parte protective order can be extended if the respondent failed to appear in court or if the party appears in court with counsel and demands an extension. The court can agree to extend the order for up to six months.
An ex parte protective order and a criminal case are two separate things. Protective orders arising out of ex parte hearings are not common when criminal charges are being faced because there is a statute allows an emergency protective order to be issued with an arrest warrant or allegation of domestic abuse. In contrast, cases with an ex parte protective order are standalone protective orders because there are no criminal charges involved.
If an ex parte protective order is necessary, you are already dealing with an overwhelming situation. Trying to navigate the legal system and seek the protection you need could be much easier with support from an experienced attorney. A Virginia ex parte protective order lawyer could advocate on your behalf and guide you through every step of this difficult process.
An attorney could also help if you are currently subject to an ex parte protective order and need representation in an upcoming hearing. Protective orders can place a serious burden on a respondent’s life, and even accidental violations can result in serious penalties.
Call today to schedule a consultation and begin working towards a positive resolution. The sooner you call, the sooner a protective order may be issued.
Northern Virginia Criminal Defense Group
