Virginia Protective Order Lawyers
Counseling on family matters in Norfolk, Chesapeake and Virginia Beach
When you feel threatened by someone with whom you’ve had an intimate relationship, a domestic violence order of protection can provide security. At Harding, Harding & Harding Attorneys at Law, our Virginia Beach protective order lawyers can swiftly assist you with filing and enforcement. Conversely, if you’ve been made the target of a protective order, our legal team can help you challenge that order and seek to restore your liberty and your reputation.
When a protective order might be necessary
The purpose of a protective order is to provide early intervention to prevent harm. Such orders are essential in cases of family abuse, which in Virginia is defined as acts causing physical harm, injury or reasonable fear. They may include violence, threats, stalking or coercion by family or household members. The necessity for a protective order may arise in scenarios involving domestic violence, child endangerment or elder abuse. If immediate danger exists, our firm can pursue an order to restrict contact, evict abusers or grant temporary custody of children.
Types of family law protective orders
Virginia offers three types for family abuse:
- Emergency protective order (EPO) — Courts issue an EPO ex parte through a magistrate. It lasts up to 72 hours for immediate threats.
- Preliminary protective orders (PPO) — Granted after a hearing, a PPO extends for 15 days, prohibiting contact or violence.
- Permanent protective orders — These are issued following a full hearing and can last up to two years, with provisions for custody, support, and firearms surrender.
In Virginia, these orders address domestic violence, stalking or sexual assault in family contexts.
How protective orders affect divorce proceedings
In divorce or legal separation cases, protective orders can be evidence of abuse, supporting cruelty grounds and affecting custody. Such orders can grant exclusive home occupation. They can bar abusers from shared assets or communications. Violations of orders can strengthen fault claims and potentially increase alimony or child support.
Filing for a protective order in Virginia
A petition for a protective order may be filed in the Juvenile and Domestic Relations District Court or in the General District Court. The petition must describe the abuse. For EPOs, a magistrate issues the order immediately if danger is perceived to be imminent. PPO hearings occur within 15 days. Full orders require evidence, such as witness testimony and documentation. Our attorneys assist in preparing affidavits and represent our clients at hearings.
Defending against a protective order
A spouse might petition for a protective order to gain an unfair advantage in a Virginia Beach contested divorce. We have ample experience with innocent individuals targeted as abusers to leverage the divorce process. Defending against an order entails contesting allegations at the hearing. We gather evidence, such as witness testimony, to disprove claims. Our attorneys cross-examine petitioners and argue insufficient proof of abuse. False claims by alleged victims can lead to perjury charges.
Contact a Virginia Beach family law attorney for orders of protection
Harding, Harding & Harding Attorneys at Law provides effective representation for clients seeking or defending against orders of protection. We have offices in Virginia Beach, Chesapeake and Norfolk. To schedule an appointment for a free initial consultation, call 757-499-2600 of contact us online.
