Hampton Roads Protective Order Lawyer

A protective order is legally defined as an order by a judge in Virginia decreeing that a person is to not have any contact, direct or indirect, with a specific person or a group of people, either while the case is going on or for a specific time period as set out in the protective order.

Anyone asking for a protective order will be required to prove that they have been caused harm or have a reasonable belief that they would be harmed in some way the person they want protection from.

Should you be facing the risk of a protection order, contact an experienced domestic violence lawyer right away. A Hampton Roads protective order lawyer can help you create a strong defense to present during trial.

Common Protective Order Cases

A Hampton Roads protective order lawyer has a familiarity with various orders such as an emergency protective order. This is a strict protective order that can be issued as soon as charges are filed.┬áThis order typically requires no contact due to the court’s concern for the accuser’s safety. The accused could also face a preliminary protective order, which usually occurs within 72 hours of the issuance of the emergency protective order.

What is a Full Protective Order?

At the conclusion of the case, there would be a full protective order that lasts for however long the court wishes, up to a period of two years. The protective order can have specific requirements for no contact. Meaning, the protective order can be referred to as no hostile contact which allows restricted communication between the two people. Often, this means that the accused must choose their words carefully around their accuser. However, a typical full protective order consists of an absolute ban on all contact.

Difference From a Restraining Order

Under the law, a restraining order is understood as keeping someone from committing a certain action or overall conduct towards the accuser. However, when in court, a protective order and a restraining order may be used interchangeably.

Requirements For Civil Protection Orders

Often, civil protection orders require the person to have no contact with the accuser. The accused may have to move out of where they are living if the two are cohabitating at the time of the arrest. While someone is under a protective order, they are not allowed to have or purchase firearms. Therefore, anyone who owns a gun before their protective order was put in place would need to make arrangements to rid themselves of it so that they are not considered in violation of the law.

Defining Good Cause

Good cause is broad and at the discretion of the judge. A judge typically considers an order request if the individual asking for the protective order has a belief that is both objectively and subjectively reasonable. Protective orders do not typically imply guilt of a domestic offense because they may be appointed after sentencing. Yet, a┬áHampton Roads protective order lawyer knows that a no-contact order can affect the person’s ability to communicate with other people involved in the case and their ability to gather evidence from the scene.