PROTECTIVE ORDER LAWYER IN FAIRFAX
No one should be subjected to physical abuse, especially when the abuser is a loved one and the victim is a spouse or child. This is why the Virginia General Assembly created a mechanism to help protect victims of abuse. Courts in Virginia are authorized by state law to (i) issue emergency protective orders, (ii) preliminary protective orders and (iii) protective orders. These orders are aimed at addressing different forms of “family abuse,” including abuse of household members.
When the Dua Law Firm handles a case involving allegations of family abuse, we do all we can to protect our clients and put their interests first above all else. If you are facing domestic abuse or violence, you need to take action immediately. We can help you put the law to work for you, so that you can protect yourselves and your children against an abusive spouse, parent or other family member.
Who Can Get a Protective Order in Virginia?
If you or your child have been the victim of abuse, you may be able to secure a protective order against the abuser. Commonly referred to as “restraining orders” in other states, Fairfax courts grant protective orders to assist individuals who are being threatened with, or have been the victim of, physical violence.
Different Types of Protective Orders in Virginia
There are three main types of protective orders in Virginia. Here is an overview of each:
- EMERGENCY PROTECTIVE ORDER (EPO): A PERSON CAN GET AN EMERGENCY PROTECTIVE ORDER, WHICH LAST 72 HOURS, IMMEDIATELY AFTER THE ABUSE. AN EMERGENCY PROTECTIVE ORDER IS LIMITED IN NATURE AND IS GRANTED BY THE MAGISTRATE.
- PRELIMINARY PROTECTIVE ORDER (PPO): A PERSON CAN GET A PRELIMINARY PROTECTIVE ORDER, WHICH LASTS UP TO 15 DAYS. THIS GENERALLY OCCURS AFTER THE EMERGENCY PROTECTIVE ORDER EXPIRES AND IS GRANTED BY A JUDGE EITHER AFTER TESTIMONY BY THE PERSON SEEKING A PROTECTIVE ORDER OR BASED ON AN AFFIDAVIT.
- PROTECTIVE ORDER (PO): A PERSON CAN GET A PROTECTIVE ORDER, WHICH LASTS UP TO 2 YEARS. IT IS GENERALLY GRANTED AT THE SAME TIME AS THE PRELIMINARY PROTECTIVE ORDER EXPIRES.
Process of Obtaining a Protective Order
To secure a protective order, you must first file a petition. You may file a petition in the county where you live, the county where the abuser lives or in the county where the abuse occurred. After you file for a protective order, the court will schedule a hearing to determine whether to grant a protective order. This can be an overwhelming and stressful process, especially for someone who is being victimized by an abuser. This is why it makes sense to retain the services of an experienced Fairfax attorney to help you during this difficult time.
Benefits of a Protective Order
There are many benefits associated with a protective order. The primary purpose of the order is to ensure you and your loved ones are safe from future abusive acts. Depending on the facts surrounding your family situation, a protective order can include a number of different provisions, including the following:
- ORDERING THE ABUSER TO LEAVE YOUR HOUSE
- GRANTING YOU TEMPORARY POSSESSION OF THE HOUSE
- ORDERING THE ABUSER TO PARTICIPATE IN A TREATMENT OR COUNSELING PROGRAM
- GIVING YOU TEMPORARY POSSESSION OF ANY JOINTLY OWNED MOTOR VEHICLES
- GRANTING YOU TEMPORARY CUSTODY OF YOUR CHILDREN
- PROVIDING YOU WITH TEMPORARY CHILD SUPPORT IF YOU HAVE ANY CHILDREN TOGETHER
- GRANTING YOU POSSESSION OF A PET
Now is the Time for Action – Contact the Dua Law Firm Today
If you are being abused by a loved one, do not wait to take action. Each passing moment is a risk to your safety and the safety of others. Contact the Dua Law Firm, PLLC, today to schedule a free, confidential consultation. We can assist you in working to prevent future abuse and in protecting yourself and your family. Call Travis Van Hook or Raj Dua at (703) 382-7300.