A protective order may be issued in the state of Virginia in either civil court or criminal court. In criminal court, a protective order may be issued relating to stalking or harassment charges. In civil court, a private party may seek a protective order against another person due to fear of imminent danger or harm. It is common for civil protective orders to be issued in connection with domestic or family abuse cases as well as threats or acts of violence.
Protective orders may be temporary or permanent. When a protective order is issued, especially a temporary protective order, you may have limited or no opportunity to defend yourself prior to the order’s issuance. The burden of proof and due process associated with issuing a protective order is less protective of your legal rights than the process of a criminal trial/conviction. Therefore, protective orders are often issued improperly or without sufficient justification.
If you feel that you are unfairly subject to a protective order, it is important to take legal action. A protective order may prevent you from seeing your children or carrying on with your life and could lead to serious consequences in a divorce or subsequent criminal proceedings. If you wish to challenge a protective order, do not hesitate to act – contact the experienced Virginia criminal lawyers at Nichols Zauzig Sandler for guidance and advice.
How do I respond to a protective order?
While it can be difficult to overturn a protective order, it is possible under certain circumstances. You can fight a protective order by:
Demonstrating that there was insufficient evidence to grant the order.
Demonstrating that the accusations made to support the order are not true. For example, you might present an alibi to prove that you were not present in the home during times of alleged domestic abuse.
Proving that the motivation for obtaining the protective order was not to seek protection. Legal strategy in divorce and custody cases is a common reason people seek improper protective orders.
Other alternatives may be available to challenge a protective order issued against you. The sooner you contact an experienced Virginia criminal defense lawyer, the easier it is to begin collecting evidence and taking the necessary actions to fight an improper protective order.
What if I violate a protective order?
When you are under a protective order, violating the protective order is a crime in the state of Virginia and taken very seriously. If you have been accused of violating a protective order, it is important to seek qualified legal help to challenge the violation and avoid criminal penalties and sanctions.
To get the legal help you need to respond to a Virginia protective order, contact the experienced Virginia criminal defense attorneys at Nichols Zauzig. We know you’re worried. We’re there for you.