How to Obtain a Protective Order

Protective orders in Fairfax County VA are an excellent option for individuals and/or families who have experienced abuse. Protective orders can protect the family or individuals from further abuse and give them peace of mind as the take legal action against the abuser and carry on with their daily lives. However, many people are rightfully confused about the process of obtaining a protective order. The process can be daunting, as there are many misconceptions about it and a few important steps one must take to obtain one.

As family law attorneys in Fairfax County, we are dedicated to educating our clients to ensure they understand protective orders. Here are answers to common questions about obtaining protective orders:

 

What are the Different Kinds of Fairfax County VA Protective Orders?

There are three types of protective orders. All three protective orders may be granted to different people in different situations.

  • Emergency Protective Orders: These are granted immediately to victims of abuse and last 72 hours. These orders are limited in nature and are granted by the magistrate. The point of these protective orders is to quickly grant protection from an abuser when someone is in immediate danger.
  • Preliminary Protective Orders: This order is generally granted to people who wish for protection after their Emergency Protective Order expires. This order lasts up to 15 days. These are usually granted after a judge hears victims’ testimonies or after an Affidavit.
  • Protective Order: This is the most long-term protective order option. These orders last up to 2 years. These are usually granted after the Preliminary Protective Order expires.

 

How Do I Obtain a Protective Order?

  • File a petition: The first step to obtaining a Fairfax County VA protective order is to file a petition with the help of a family law attorney or on your own at the courthouse. The petition must be filed in either the county where you live, the county where the abuser lives or in the county where the abuse occurred. You can either testify or complete an affidavit in addition to the petition.  The court will decide whether to grant the request Preliminary Protective Order and schedule the case for a hearing within 15 days.
  • Wait for the court to schedule a hearing: The next step is the hearing where the court will hear your story and decide on granting a Protective Order for up to 2 years.

 

Dua Law’s Protective Order Services

The lawyers at Dua Law are Fairfax County VA family law attorneys and are adept in divorce, property settlements, and protecting clients from abuse. We believe that you need to take action immediately if you are facing abuse or violence. We take a special interest in the health and well-being of all of our clients, and are invested in taking swift legal action should clients feel like their well-being is in danger.

We want to make the law work for you, so you can protect yourself, your children, and your family. We work tirelessly to ensure the safety and care of both our client, and the client’s loved ones.  Please note that we represent clients throughout Northern Virginia in protective order matters, including Loudoun County, Prince William County, City of Alexandria, and Arlington County.  We have an extensive experience representing clients in Juvenile and Domestic Relations Court and General District Court on the original petitions for protective orders as well in the Circuit Court for any appeals of protective order decisions.

If you are in an abusive situation and wish to obtain a protective order, please contact Dua Law Firm, PLLC, today. You can also call Travis Van Hook or Raj Dua at (571) 325-0900.