Newport News Protective Order Lawyer
A protective order is an order that keeps a person from engaging in a certain conduct or having contact with a certain person while a case is pending or for a certain period of time. The terms “restraining order” and “protective order” tend to be used interchangeably, though a protective order generally applies to a person, whereas a restraining order applies to an action. For example, a person may be restrained from living on a property. A protective order is an order to have no contact with the individual living on that property. It is imperative that those who are the subjects of protective orders, avoid violating protective orders. A Newport News protective order lawyer could devote the time and resources necessary to protect your rights and defend you. Call a determined defense attorney that could fight for you.
How Are Protective Orders Issued?
As a Newport News protective order lawyer could explain, protective orders are issued in different ways. The initial protective order is often issued by a magistrate. When a domestic violence charge is taken out, the magistrate will issue an emergency protective order that may be granted later by a judge. If a person petitions for a protective order directly to the court, the court can grant a protective order on their own. Protective orders can last for a period of two years. Often civil protective orders will restrict contact with certain people and will tell the person where they are allowed to live for the duration of the order.
The Lattitude Judges Have When Constructing Protective Orders
Judges have great latitude when constructing protective orders. They can be strict by dictating the people with whom a person may have contact, the nature of the contact, where that contact can take place, where the person can live, etc. The judge can be as broad or specific as they like. A judge will grant a protective order if the person asking for a protective order has a reasonable belief that they will be harmed by the other party. In Newport News, “good cause” means that the judge must have a good reason to perform an action, that is in good faith, and that it is done to protect the life and welfare of the individual who is asking for the action. Judges also have the right to modify a protective order. This is usually done when circumstances change or upon request from the person who requested the initial protective order.
Impact a Protective Order Could Have on a Newport News Case
Criminal cases and protective orders tend to proceed on different tracks, but having a protective order can affect a person’s ability to gather evidence. This is especially true if the person is barred from their house. A protective order can limit a person’s ability to be sentenced. It can also limit their ability to possess a firearm while the protective order is in place. Military members on a protective order may be barred from deployment, and certain jobs may be affected if the person’s order does not allow them to perform certain actions or travel. It is best not to have a protective order, but the person should work to have any existing order written as narrowly as possible so that it does not impact their life more than necessary. If an individual becomes the subject of a protective order, they should reach out to a qualified Newport News protective order lawyer that could advocate for them.