Obtaining a Protective Order

The purpose of a protective order is to shield the person requesting the protective order, the petitioner, from acts of violence, force, or threat. The relief granted after a request for a protective order varies based on the severity of the threat. You can request that judge enter a no contact order, or that an order that permits a respondent communicate with you only via phone, text, or e-mail.
In Virginia, there are three types of protective orders: the emergency protective order, the preliminary protective order, and the permanent protective order. Because of the nature of the emergency protective order, these types of orders can be issued with no notice to the respondent. A preliminary protective order can also be issued without notice to the respondent under certain circumstances. Once a preliminary protective order is issued, a full hearing for a permanent protective order must take place within 15 days of the issuance of the preliminary order. A permanent protective order can be issued after notice to the respondent and after a hearing for a period of two years. The order can be extended upon request.

In order to obtain a protective order, the petitioner must be able to show that he or she is reasonably afraid of bodily injury. You should consult with an attorney to better understand your options and rights.

Defending a Request for a Protective Order

If you have been served with a protective order of any kind, it is important to understand the possible ramifications if the protective order is ultimately granted. For example, there are certain restrictions on purchasing, possessing, and transporting firearms should a protective order be granted. Further, granting of a protective order can have long term impacts on your employment or education.

Because petitions for protective orders and assault and battery charges go hand-in-hand and are often based on the same set of circumstances, it is imperative that you speak with an attorney who handles both the criminal and civil side of this scenario. Contact us today to discuss the strategy for dealing with a protective order and your possible defenses.