Modifying a Hampton Roads Protective Order

Often, those accused of¬†family violence offenses seek the modification or change of a protection or no contact order for good behavior. However, only a judge can make the decision to modify the terms of someone’s probationary order. Therefore, before you try modifying a Hampton Roads protective order, contact an attorney about what domestic violence protection orders. An experienced protective order lawyer can help you fight the pending restrictions against you.

Who Issues Hampton Roads Protective Orders?

Temporary protective orders are usually issued by a magistrate. When that goes out, a sheriff’s deputy or a police officer will provide each party with a copy of the warrant or protective order. At the next court date, they can appear and can attempt modifying a Hampton Roads protective order.

Vacating or Modifying a Protective Order

The only party that has the capacity for modifying a Hampton Roads protective order is the sitting judge of the case. They can modify the order either at the request of the accuser or, in some circumstances, the person under a protective order can request the modification. If there is a child custody issue and the protective order either does not allow for custody or visitation or the terms of the protective order for visitation no longer apply, then the person may be able to modify it.

How Are Protective Orders Extended?

Protection orders would be changed or extended in one of two ways, by a motion or request by the person under the protective order or by the judge. However, modifying a Hampton Roads protective order does not typically occur from a judge request alone.

Impact of a No Contact Order On a Criminal Violence Case

No contact can impact someone’s decision to pursue modifying a Hampton Roads protective order. Protective orders that do not allow the individual to enter the house that may or may not contain useful evidence can be detrimental to the defendant’s case. It can also be harmful for the court to operate the case while being aware of the protection order the defendant is under.¬† The judge will typically set a time in which the person can go to the house or for the person to contact a deputy to come with them. The officer’s presence is often meant to keep the peace between everyone involved.

Duration of a Protection Order

Protection orders can last up to two years for a misdemeanor domestic violence offense. However, as a condition of a suspended sentence, there is a good behavior condition that can influence modifying a Hampton Roads protective order for as long as the accused is behaving in the eyes of the law. The only person who can modify that later is the judge, and they can only do that upon a motion by the victim in a case. A suspended sentence is not considered a protection order, yet it functions in much the same way as a protective order any illegal actions are considered a violation of the terms of their probation.