Fairfax Protective Order Lawyer
A protective order is a command from the court that the person to whom the order is directed not have contact with someone who is protected by that order. It can be more limited than that as well. For instance, it can limit a person to not have any violent contact with the person who is intended to be protected by that order. Protective orders can also be of various durations. Some of them only last 72 hours, while permanent protective orders, on the other hand, can last up to two years. Should the need arise, be sure to reach out to a Fairfax protective order lawyer in order to understand how to move forward. Contact an experienced defense attorney who can help you as soon as possible.
Circumstances of Protective Orders
A protective order can be granted in favor of someone who has a household or family member perform an act or threatened an act of what is defined as family violence under Virginia law. There is also a protective order that is available against a non-family member for cases where there is stalking in a way that it causes the person to reasonably believe that they may be subject to harm. In order to discuss which scenario best applies in each case, an individual can meet with a Fairfax protective order lawyer.
In Fairfax, preponderance of the evidence is the standard of evidence in a case of this nature. it is not the same as a criminal case. In criminal cases, it has to be proven beyond a reasonable doubt. In protective orders, instead, it is a preponderance of the evidence that can also be thought as simply more likely than not.
Types of Protective Orders
Protective orders can be thought of in terms of their duration and their effects. There are three main types, which a Fairfax protective order lawyer will be well equipped to challenge. They are the temporary or emergency, the preliminary, and the permanent. A protective order can require a person to whom it is directed to have no contact with the petitioner. It can require them to give up possession of a shared residence. It can require them to give up possession of a shared vehicle. It can also tell them to stay away from an individual’s workplace. It can also tell them to stay away from the other members of that person’s household including children, or parents, or siblings.
The shortest protective order is a temporary or emergency protective order that expires after 72 hours. Anytime someone is charged with a domestic violence-type crime, the magistrate judge can issue a 72-hour protective order, telling a person to whom it is directed to have no contact at all with the alleged victim. This will expire on its own after 72 hours.
The next protective order is a preliminary protective order. This is something that a petitioner can ask the court for and the court can grant on a temporary basis until it can have a full hearing on the matter. These kinds of protective orders are good for no more than 15 days and there has to be a hearing within that time unless the matter is continued by the defendant to determine whether a permanent protective order will be entered.
The permanent protective order itself can last up for up to two years and can tell a person to whom it is directed to have no contact with the accuser. It can give up possession of a home or even a vehicle to them. It can tell them to stay away from their work or to maintain a certain distance. There are also less expensive kinds of restrictions that can be placed on a protective order of that nature such as simply telling a person to commit no further acts of violence against the alleged victim.
Process of Issuing Protective Orders
In a Fairfax domestic violence case, a temporary or emergency protective order can be issued by a magistrate judge at the time that an arrest warrant is issued. A permanent protective order can only be issued by a judge, either a juvenile and domestic court judge or a circuit court judge after a full opportunity for both sides to be heard.
Circumstances When a Protective Order Can Be Vacated or Modified
The court always retains the power to modify and to vacate a protective order. Any time that a person to whom the order is directed wishes the court to review its order, or if the person who is the petitioner, in that case, asks the court to review the order, it can always be modified. Those modifications in most cases are to either vacate the order to make it less restrictive. However, in some cases, where if there has been less than a full no-contact ordered by the protective order, there can be requests to have it modified to be more strict or severe.
Process of Modifying
The first steps are going to involve filing a further petition with the court, asking the court to make particular changes. There is then going to be a hearing where the judge hears evidence and arguments and makes a determination as to whether the protective order should be modified.
Contacting a Lawyer
Protective orders in Fairfax can be confusing to handle. This is something that can limit a person’s ability to talk to witnesses. The risk of penalties upon violation can also be severe. It can be a hindrance towards any certain resolution. Altogether, a Fairfax protective order lawyer will be a powerful asset throughout the process.