Virginia Beach Protective Orders

A protective order is an order that essentially says that an individual is not to have any contact with another person. However, Virginia Beach protective orders can vary. There could be no hostile contact, meaning either no fights, no arguments, or anything to an outright ban of all contact. Usually, that also applies to having third parties relay a message for the person.

Restraining and protective orders are often used interchangeably. However, a restraining order generally applies to civil matters. A person usually sees that language under the Virginia Code for civil matters basically, barring an individual from the property whereas a protective order is used in criminal cases to keep people apart. If you have been granted a Virginia Beach protective order, contacting a domestic violence defense lawyer experienced with these cases is your best course of action moving forward.

Issuing Protective Orders

Either the judge or the magistrate issue Virginia Beach protective orders. Often, the person being charged with the protective order is not present to be charged. Normally, the individual will go in front of the magistrate or in front of a judge and the judge will issue a temporary or an emergency protective order depending on the circumstances. Once the accused is served with that protective order, a full hearing is set under a protective order.

If the alleged victim comes in and shows that they have been subjected to violence or a threat and the magistrate or a judge believes there is a possibility, a real possibility, that there could be further violence done to this person, then the judge can issue a restraining order.

It can keep an individual out of the house. For example, a lot of domestic violence charges occur in a person’s home and if an individual is under a protective order, that protective order may say that person is barred from the house and he or she may have evidence in the house that can affect the case that he or she does not have access to and even if that person can get into the house and maybe can make arrangements to get to the house later when the complaining witness is not there, the evidence might be gone. It can be a real problem.

Impact on an Ongoing Criminal Case

Virginia Beach protective orders can impact an ongoing criminal case by adding yet another charge. This is something that can limit a person’s ability to talk to witnesses. It is another potential roadblock that can trip up an individual. If they violate the terms of the protective order, it can cause additional problems and be a hindrance towards any certain resolution.

Modifying a Protective Order

A protective order can last for up to two years. However, to change or extend the order, it has to go in front of a judge. If it was a 90-day protective order and the person wishes to have it extended for a full two years or if they wish to drop it, that person who took out the protective order has to file a motion with the court asking the judge to modify the terms of newer.

A protective order can be modified by motion. Either party can make a motion but usually, it is the party who requests the protective order. They have to move the court and then if the person can show good cause or why they should change it, either they change the terms of it or drop the protective order entirely and the judge will do it.

Order Requirements

Often, a protective order requires the person to move out of their home. They cannot possess a firearm when they are under a protective order so that person has to give up their guns and that person cannot purchase any gun while that is in effect. If there are past children involved, that person has to make arrangements for another party to handle custody matters, pick-ups, and drop-offs.

Contacting an Attorney

Protective orders in Virginia Beach can be confusing to handle. This is something that can limit a person’s ability to talk to witnesses. It is another potential pot hole that he or she can get in trouble if that person violates the terms of the protective order. It can be a hindrance towards any certain resolution. A lawyer experienced with Virginia Beach protective orders can help one through the process if granted a protective order. Please contact a Virgina Beach protective order attorney today.