Domestic Abuse And Protective Orders
The issue of domestic violence and the need for protective orders have been well-documented in our nation’s press, from the front page to the sports section. Fewer people are aware of how protective orders can be abused.
At Lutins & Pilgreen, PC, in Roanoke, Virginia, our lawyers help victims of domestic abuse obtain protective orders. We also represent people who seek to modify or dissolve protective orders. We offer a initial consultation to answer your questions.
What Is A Protective Order?
In Virginia, you do not have to put up with violence, verbal abuse or intimidation. A protection order can order a person not to contact you and to stay away from your home and place of employment. He or she may be barred from possessing weapons or ammunition. If the abuser violates the order, he or she can be jailed.
The state offers three types of protective or restraining orders:
- Emergency protective order. You can obtain an emergency protective order based on your testimony alone. It takes effect as soon as it is served on the alleged abuser and will last for three days.
- Preliminary protective order. This is the first step in obtaining a lasting protective order. It is similar to an emergency protective order, except it lasts for 15 days. During that time, the court will schedule a hearing to determine if the order should be permanent. At this hearing, the alleged abuser will be allowed to contest the order.
- Permanent protective order. A permanent order lasts up to two years.
What If Someone Has Obtained A Protective Order Against Me?
A protective order can have a damaging effect on your life, your reputation and your employment. You could be kicked out of your home and prevented from seeing your children. Anyone who conducts a background check on you would be able to find out about the protective order. You could lose your job or find it more difficult to get a job.
Vengeful spouses sometimes seek protective orders to get the upper hand in a divorce proceeding. To protect your future, it is important to hire a lawyer to represent you at the hearing to determine if the order should become permanent.