Protective Orders Attorney in Fairfax
Types of Protective Orders in Virginia
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There are three different types of protective orders that may be issued in domestic violence situations: preliminary, final, and emergency. If there is a recent domestic violence incident or an imminent danger of abuse, an alleged victim (petitioner) may request a preliminary protective order. The defendant is prohibited from contacting the petitioner and the petitioner would be granted possession of the residence, so the defendant wouldn’t be able to return home. The order remains in place until a hearing can be held to determine if a final protective order is needed.
After a hearing, a final protective order may be issued, which may:
- Grant the terms of the preliminary protective order
- Set an amount for temporary child support
- Require treatment or counseling for the respondent
- Require the respondent to pay the petitioner’s attorney’s fees
- Be in place for up to 2 years
A judge may issue an emergency protective order if there is a danger of abuse, the respondent has committed an act of abuse or violence against a family or household member, or a warrant has been issued for assault and battery against a household or family member. Emergency protective orders remain in effect for up to 3 days, which gives the court a chance to issue a temporary protective order.
In Virginia, protective orders may be issued in situations where a person is accused of injuring, threatening, or attempting to injure a family or household member. If you need help challenging a protective order or defending against an accusation that you violated terms, call The Law Office of Ann Thayer, PLLC for dedicated legal representation.
If you have questions about protective orders in Northern Virginia, call (703) 940-0001 for a free consultation.
Penalties for Violating a Protective Order
Violating a protective order is a serious crime that can result in Class 1 misdemeanor charges and being found in contempt of court. The respondent to a protective order may be charged for contacting the petitioner, going to a place that is prohibited in the order, such as the family home, committing an act of abuse against a family or household member, or committing any crime. If a person is convicted of violating a protective order, they could be facing up to 1 year in jail and a $2,500 fine.
If you need help defending yourself against false accusations to avoid a protective order, our Fairfax attorney is here to help. Our law firm offers legal representation that is tailored to each person’s unique situation. We offer a free consultation to give you the chance to explain your situation and get reliable legal advice.