Fairfax
Protective Orders Lawyer

General Guide to Protective Orders Laws in Virginia

When issues of domestic violence arise, obtaining or defending against a protective order is a time-sensitive matter that requires immediate, knowledgeable legal action. If you need to secure your safety or if you are facing allegations, the stakes are incredibly high for your personal well-being and your future family court proceedings. At Raheen Family Law, we understand the urgency and complexity of these cases. Our dedicated Fairfax protective orders lawyer is prepared to act swiftly, providing the focused representation necessary to protect your rights, whether you are the petitioner seeking immediate security or the respondent defending against an order.

Overview of Protective Orders in Northern Virginia

Protective orders are issued to protect the health and safety of the alleged victim (Plaintiff) and Plaintiff’s family and household members, such as children, parents, siblings, etc. There are three different types of protective orders: (1) Emergency Protective Orders; (2) Preliminary Protective Orders; and (3) Protective Orders.

 Emergency Protective Orders

Under Virginia Code Section § 16.1-253.4 a judge and a magistrate have the authority to grant an emergency protective order if the judge or magistrate finds that there are reasonable grounds to believe that the defendant has committed family abuse against a family or household member and that there is probable danger of more family abuse by the defendant against the family or household member. In addition, an emergency protective order can be granted where a judge or magistrate issues a warrant or in a case where a warrant has already been issued against a defendant who committed assault and battery against a family or household member, and finds that there is a probable danger of further acts of family abuse against a family or household member by the defendant. “Probable danger” is presumed unless the presumption is rebutted by the defendant.

An emergency protective order can be issued by any judge of a circuit court, general district court, juvenile and domestic relations district court or a magistrate. The emergency protective order can be written or oral but if it is oral, it must be put in writing by the law-enforcement officer who made the request. Due to the emergency nature of the situation, an emergency protective order can be issued ex parte (with one party present), with no notice to the alleged abuser (defendant). The emergency protective order entered by the judge or magistrate must get served on the defendant. The defendant can file a motion with the court requesting a hearing to dissolve or modify the order issued. Such hearings are given priority on the court’s docket.

Emergency protective orders expire at 11:59 p.m. on the third day following issuance or the next day court is in session, whichever is later. If the plaintiff wants continued protection, plaintiff can ask for a preliminary protective order or a full protective order. If the alleged victim is physically or mentally incapable of requesting an extension or filing a petition for a preliminary protective order or full protective order, a law enforcement officer can request an extension on behalf of the alleged victim, but the extension cannot exceed a period of three days after expiration of the original order. The initial request for an emergency protective order and the request for an extension can be oral, in person, or electronic.

Preliminary Protective Orders

To get a preliminary protective order, plaintiff must file a petition for a preliminary protective order with the court and show that he or she recently suffered family abuse or faces immediate and present danger of family abuse.

A preliminary protective order can be issued ex parte (with one party present). The evidence presented to obtain a preliminary protective order can either be in an affidavit or testimony under oath.

Defendant must be personally served with the preliminary protective order. A hearing must be held within 15 days from the date the preliminary protective order is entered. At this hearing plaintiff and defendant can present evidence and question the other side. The preliminary protective order includes the date and time of the hearing. The defendant can ask for the hearing to be continued for good cause. If the hearing is continued, the preliminary protective order is also continued until the next hearing.

If the court finds that the plaintiff was able to show that defendant committed family abuse towards the plaintiff, the court can award a full protective order for up to two years. If the plaintiff is unable to meet the burden of proof, the court will dismiss the plaintiff’s petition for a protective order and dissolve the preliminary protective order.

Either party may file a motion with the court and request a hearing to dissolve or modify the preliminary protective order. Such hearings are given priority on the court’s docket.

Full Protective Orders

To get a full protective order, the plaintiff must show that he or she suffered family abuse by the defendant.

The court has the authority to grant a protective order for up to two years. The protective order expires at 11:59 p.m. on the last day specified in the order, but if no date is specified, it expired at 11:59 p.m. on the last day of the two-year period.

Before the expiration of the protective order, the plaintiff can file a motion with the court requesting a hearing to extend the protective order. Such hearings are given priority on the court’s docket. The protective order can be extended for a maximum of two years. However, there are no limits as to how many times the plaintiff can request an extension.

A copy of the protective order must be served on the defendant.

Either party may file a motion with the court and request a hearing to dissolve or modify the protective order. Such hearings are given priority on the court’s docket.

Effective January 1, 2022, an appeal of a protective order is given expediated review by the Court of Appeals of Virginia.

What a Protective Order Can Include

A civil protective order or permanent protective order issued by a judge can include various conditions designed to protect the victim and family members. The court may prohibit contact between the respondent and the petitioner, which means no phone calls, texts, emails, or social media messages. The legal order can also grant temporary custody of minor children to the petitioner and may award temporary possession of the family home or vehicle.

When a judge finds that domestic violence has occurred, the order may require the respondent to stay away from the petitioner’s residence, workplace, or school. Some orders include provisions for utility services to remain in the petitioner’s name. The court can also order the respondent to participate in counseling or treatment programs. Each protective order is tailored to the specific situation and the following conditions are determined based on the evidence presented during the full hearing.

Family Abuse

Virginia Code § 16.1-228 defines family abuse to include:

“any act involving violence, force, or threat that results in bodily injury or places one in reasonable apprehension of death, sexual assault or bodily injury and that is committed by a person against such person’s family or household member…”

It should be noted that family abuse is not limited to actual acts of violence. Threat of violence that places the plaintiff in reasonable fear of death, sexual assault or bodily injury can also be sufficient to obtain a protective order.

Understanding what counts as an act involving violence, force, or threat is important for both petitioners and respondents. Domestic violence cases can involve physical violence, threats of harm, or behavior that creates fear in a victim. The definition covers a wide range of conduct committed by one family member against another, including current or former spouses, dating partners, and other household members.

Defending Against False Accusations

If you are accused of domestic violence and facing a protective order, you have the right to defend yourself. False accusations do occur, and a respondent should not assume that an allegation automatically leads to a permanent protective order. During the court hearing process, both the petitioner and respondent can present evidence and testimony to help the judge determine what actually happened.

The accused has the right to legal representation and should seek experienced protective order attorneys who understand how to challenge unreliable evidence. Criminal charges may also be filed in domestic violence cases, making strong legal representation even more important. Your legal team can investigate the circumstances, interview witnesses, and present a defense aimed at achieving a favorable outcome. Whether you are facing temporary protective orders or a permanent protective order, having skilled attorneys on your side makes a significant difference.

Contact Our Fairfax Protective Order Attorneys for a Free Consultation

Protective orders can significantly affect the outcome of your divorce case, especially the custody and visitation issues. If you are either seeking a protective order or defending against a request for a protective order, you should discuss your case with an experienced family law attorney.

At Raheen Family Law, our legal team has extensive experience representing clients in all types of protective orders cases throughout Northern Virginia. We understand the immediate danger these situations can present and the need for swift action. Whether you need to seek protection from violence or defend against allegations from an ex-spouse or family member, we provide the legal representation you need during this difficult process.

Don’t wait to get help. Contact us today to schedule a free consultation. Our protective order attorneys are ready to review your case during an initial consultation and explain your options. We serve clients throughout the region and are prepared to fight for a favorable outcome in your case. Call now to speak with our legal team about your protective order matter.