Domestic violence and abuse is a serious criminal offense that can result in jail time, fines, and a permanent criminal record if convicted. When violence or the threat of violence accompanies a divorce or other family law disputes, a protective order may become necessary.
Sometimes called a restraining order, the state of Virginia has 3 types of protective orders.
1-Emergency Protective Order (expires at the end of
the third day following issuance or the next day court
is in session, whichever is later)
2-Preliminary Protective Order (lasts 15 days or until a
3-Protective Order (may last up to 2 years)
Protective orders result in the restriction of some rights, such as the right to possess firearms while in force and thus may adversely affect an individual’s employment.
Protective orders may also result in loss of the right of access to one’s residence regardless of title ownership or lease rights. Loss of possession and use of a jointly tilted vehicle. An order requiring the individual to pay child and/or family maintenance to the party obtaining such order. The order may provide for visitation with any children of the parties.
A protective order restricts all further hostile contact with the person who obtains such an order from the court for up to two years. Failure to obey a protective order is a criminal offence and law enforcement should be notified immediately so the person can be arrested and criminal charges filed.
The scope of protection order terms can vary, but generally these are some of the common terms:
-No contact, including emails, phone calls, letters, etc.
-No access to the family home
-No removal of children from an area or from the state
-No selling of marital property
-No possession of firearms
The judge will set the terms of the restraining order and generally they are not meant to be unreasonable but to insure your safety and that of each family member.
We advise, assist and represent clients in obtaining protective orders as well as defense of protective orders. For victims in matters pertaining to domestic abuse, such as stalking, harassment, assault or the threat of immediate physical harm where orders of protection and/or criminal charges are appropriate or involved, law enforcement involvement early on is essential in order to ensure protection for you and your family.
There are legal options and remedies available for individuals and families confronted with domestic abuse and violence. There are different types of restraining orders, such as emergency protective orders, and preliminary protective orders. An emergency protective order goes into effect immediately and is usually put in place when police respond to domestic violence calls.
Preliminary protective orders can be issued when you apply for a protective order and will stay in effect until a court hearing is held and a protective order is issued.
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Contact the Law office of Jennifer D. Oram-Smith at (757) 226-0141 to set up a confidential legal consultation.