Child Custody and VisitationDomestic ViolenceProtective Orders

Unfair protective orders can be challenged

By May 5, 2016 No Comments

If you believe you are unfairly subject to a protective order in Virginia, it is important to take quick legal action. Violating the protective order, no matter how justified you feel, would be a criminal act in Virginia, requiring mandatory jail time and regarded very seriously by the police and courts.

Once you are aware of the restraining order, swift action to challenge it will help avoid serious legal outcomes that can include: removal from your home and car for up to two years; and being forbidden to have contact with your children, even if they live with you or a custody or visitation order is in place. If you violate a restraining order, criminal penalties and sanctions can be imposed.

Preliminary or long term protective orders can often be avoided if acted on quickly, and while it can be difficult to overturn them if they are issued, it is not impossible, especially if:

  • Evidence was insufficient to grant the emergency restraining order.

  • The accusations made to support the order were not true. For example, you might present an alibi to prove you were not present in the home during times of alleged domestic abuse.

  • 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. A protective order can prevent you from carrying on with your life and could lead to serious negative consequences, especially for your job, if you are in the middle of a divorce, or in criminal proceedings.

The sooner you contact us, the easier it is to begin collecting evidence and taking the necessary actions to fight an improper protective order. Call us, or complete the contact form, for a free consultation with one of our experienced criminal defense attorneys.

Also Read: Accused of Domestic Violence in Virginia? Know the Facts!

DISCLAIMER: The results of every case depend on factors unique to that case, and NZS Law does not guarantee or predict results in any given case.

About the Author:
Tracey A. Lenox
Criminal Defense Attorney