Newport News Restraining Order Lawyer

A restraining order is an order issued by the court that keeps a person from engaging in a certain behavior. Protective orders and restraining orders tend to be used interchangeably. Restraining orders normally keep people from undertaking certain actions. Protective orders tend to apply to dealings with certain people. These orders are meant to protect individuals. If you are the subject of a restraining order, contact a Newport News restraining order lawyer. A determined domestic violence attorney could fight on your behalf and help ensure that you comply with the terms of the order.

Who Can File a Restraining Order?

Anybody can ask for a restraining order by requesting for a magistrate to issue an emergency order. The court will have the final say as to whether or not to issue that order.

A restraining order may require a person to stay away from a property. For example, a restraining order may bar a person from disposing or doing anything to a property in their possession for a certain period of time.

Consequences of Violating a Restraining Order

Violating a restraining order could be considered contempt of court, though it may be a breach of contract and it also can be considered a violation of law. A person could face significant liabilities from the court, depending on whether that restraining order was framed as a separate order or as a bond condition. Violating a restraining order also carries the risk of jail time. A Newport News restraining order lawyer could help individuals mitigate the consequences of violating an order.

What is an Ex Parte Restraining Order?

An ex parte restraining order occurs when the person asking for the order has a hearing while the person who would be under that restraining order is not present. These usually are short-term orders that last 72 hours and are granted as emergencies to ensure the safety of the person asking for the order. Later, the person under the order can respond.

When Would a Judge Grant an Ex Parte Order

If it can be shown that there is a possibility of harm against the person asking for a restraining order and it can be shown that to summon the alleged offender to the court would run the risk of harm coming to the victim, the judge can grant the ex parte hearing. This normally is done with the condition that there will be a full hearing held very shortly afterward, in which the person under the protective order will have the opportunity to respond and put forth evidence.

Duration of an Ex Parte Order

Ex parte restraining orders are done under emergency circumstances and normally last between 72 hours and two weeks, so they are shorter than other restraining orders. The judge has the right to suspend an ex parte restraining order if the circumstances warrant it.

An ex parte restraining order is very similar to any other protective order in that it limits what a person can do and it limits where they can go. It can affect the person’s criminal case by making it difficult to collect evidence, for instance if the person is barred from access to the crime scene.

Making Changes to Restraining Orders

If a criminal case is ongoing and involves a protective order, the protective order will be extended as the case proceeds. The judge has the final say as to whether or not the protective order will continue.

The judge can change a restraining order based on the circumstances of the case. Restraining orders can impact how a person proceeds with a criminal case by affecting their ability to collect evidence and to  contact people involved in the case. A Newport News restraining order lawyer could could advocate on a person’s behalf, in order to establish reasonable terms and ensure that the person’s rights are protected.

Value of a Newport News Restraining Order Attorney

Restraining orders impact a person’s ability to live and carry out their business, so they need to contact a Newport News restraining order lawyer. An attorney can help present the best possible argument to remove the restraining order. If a restraining order is necessary, an attorney can try to tailor it so that it is as minimally invasive as possible. If you are the subject of a restraining order, contact a skilled restraining order attorney that could advocate for you.