Experienced Fredericksburg Domestic Violence Lawyer
In Virginia, a protective order can be an order to have no-contact or a stay-away order. A no contact order means exactly what it says — no contact whatsoever with the person that’s in the order. A no-contact order means no phone calls, not being physically near someone or present at a location or nearby.
A stay away order says someone can’t be closely nearby someone or have any kind of communication. With a “stay-away order” it means the order of protection has information in it that tells somebody to stay away from a certain place.
To get a stay away or no contact order a person has to convince a court with evidence that they reasonably fear they’ll be physically hurt (fear of imminent bodily harm). By “stay-away order.” It means the order of protection with information in it that tells an individual to
3 Types of Protective Orders
If you or someone you love has been arrested, a protective order is automatically granted. This is called an emergency protective order (EPO). An emergency protective order can be filed by an individual too.
There are three different types of protective orders in Virginia:
The emergency protective order - 72 hours
The temporary protective order - lasts up until the full hearing (usually 15 days)
The permanent protective order - up to 2 years
To make sure you really understand these three types of protective orders in Virginia, it’s a good idea to contact a Virginia domestic violence lawyer right away. We can help you if you’ve been falsely accused of domestic violence and defend you at a protective order hearing.
Giving Out a Protective Order
A judge can issue a protective order only in situations when someone accuses an individual of domestic violence. Most times, protective orders are granted when there is enough evidence to prove that someone was a victim of domestic violence. The person asking for a protective order has to prove they think they’ll be harmed, killed or sexually assaulted.
With an emergency protective order, someone can get a protective order in Virginia on the spot. The emergency protective order is usually good for only 72 hours. It expires at the end of the third day of the issuance, or the next business day.
The preliminary protective order (PPO) is issued after the emergency protective order. A PPO lasts up until a full permanent protective order hearing happens. The permanent protective order can be good for up to two years, and can be renewed every two years for good cause.
Good cause means the person seeking the order, has a reasonable fear of imminent bodily injury, sexual assault, death, or is a crime victim.
Issuing a Protective Order
Protective orders in Virginia are issued in two different ways.
A Virginia emergency protective order is automatically issue when someone is the victim of a domestic violence situation or by someone asks the court for one. They don’t have to notify the person they want the protective order against. They speak with the judge and ask for one. Even though you’re being accused of a serious act, you won’t get any notice of the hearing.
If the judge decides that there is a good cause to issue an emergency protective order it will. But it has to find that the person fears they’ll be physically harmed, sexually assaulted, or fears death. .
Types of Protective Orders
A criminal protective order and a civil protective order are the same. A civil protective order is filed by an individual and isn’t connected to a criminal charge.
Virginia protective orders can say that the alleged perpetrator can’t have any contact at all with the alleged victim and listed household members, including children or parents. A no-contact order means no phone calls, no physical presence near someone or where they’re located.It is colloquially referred to as a “stay-away order,” meaning an individual cannot go to this location. This might have language in the order like, “maintain 500 feet distance from this residence and this individual at all times” depending on what the judge lists on the order.
Defending a protective order can be complicated and it’s best to discuss them with an experienced protective order defense lawyer. If you’ve been kicked out of your home because of a protective order, you have the right to defend yourself from false allegations. You’ll need a tough lawyer in the courtroom to bring out the truth. For effective legal representation that meets your domestic violence defense needs in Fredericksburg, call Attorney Tori Bramble (540) 628-7340 today or contact us online to schedule an initial consultation.