- Key Takeaways
- What is the Difference Between a Protection Order and a Restraining Order?
- What Are the Stages of Protective Orders in Virginia?
- Do I Need an Attorney to Defend Against a Restraining Order?
- Why Clients Choose Randall & Bruch, PC
- Facing a Protective Order? Call Us for a Consultation.
- Frequently Asked Questions
- Key Takeaways
- What is the Difference Between a Protection Order and a Restraining Order?
- What Are the Stages of Protective Orders in Virginia?
- Do I Need an Attorney to Defend Against a Restraining Order?
- Why Clients Choose Randall & Bruch, PC
- Facing a Protective Order? Call Us for a Consultation.
- Frequently Asked Questions
Key Takeaways
- Protective orders and restraining orders are the same type of order. Most individuals call it a restraining order, while those in the legal field refer to it as a protective order.
- You can appeal a protective order but must do so within a specific period.
- You can ask for specific allowances if you are co-parenting.
- Protective and restraining orders can impact your life temporarily, though some may be permanent.
Facing a protective or restraining order in Virginia can be overwhelming and frightening. It can impact your freedom, reputation, and future. The emotional toll of not fully understanding your rights and the consequences of these orders can leave you feeling helpless and vulnerable.
At Randall & Bruch, PC, we are dedicated to guiding you through the complexities of a protective or restraining order in Virginia. Contact us today for legal assistance and support during this challenging time.
What is the Difference Between a Protection Order and a Restraining Order?
Protective orders and restraining orders may be different in other states. However, in Virginia, there is no difference between a restraining order and a protective order.
A protective order is a legal document issued by a court to protect you if you are an alleged victim of violence, threat, or force that causes bodily injury or makes you fear for your life, fear of being sexually assaulted, or fear of physical injury. These orders are generally used against another household member or family member who no longer lives in the house.
What Are the Stages of Protective Orders in Virginia?
Virginia law offers three types of restraining orders to protect against abuse and family abuse, including:
Emergency Protective Order (EPO)
An emergency protective order is the first stage of a restraining order, and it lasts for 72 hours. If it expires when the courts are typically closed, it does not expire until 5:00 p.m. the next business day the courts are in session.
A law enforcement officer or an abuse victim can file a petition for a restraining order. If 72 hours is not enough of a cooling-off period, you can ask the court for a preliminary protection order.
Preliminary Protective Order (PPO)
You must petition the court for a preliminary restraining order if you have been subjected to family abuse, including sexual assault. The order will be in effect until the court schedules a hearing on the issue and decides whether the PPO needs to be continued. Hearings are generally held within 14 days of the PPO’s issuance.
If you do not attend the hearing, the PPO becomes invalid on the hearing date. Even if the other party does not attend, you must still attend so you can present evidence and ask for a permanent restraining order.
You can request the PPO from the domestic relations court, juvenile court, or general district court. An experienced domestic relations attorney can help you file the appropriate documents.
Permanent Protective Order (Final Protective Order)
You must file a preliminary restraining order and attend the court hearing for that order to ask for a restraining protective order. You can also file an emergency protective order and request a permanent one. The respondent must be noticed properly, and they have to be present and have the right to respond during this confrontational hearing.
After two years, you can attend another hearing to ask to renew the order. You must provide evidence that you need the order left in place.
Do I Need an Attorney to Defend Against a Restraining Order?
While you do not need an attorney to defend against a restraining or protective order, you should consider using one to ensure your rights are not violated. You should also have an attorney if you believe the petitioner will have an attorney.
Related Article: What to Do If You’re Served with a Protective Order
Why Clients Choose Randall & Bruch, PC
If you are facing the possibility of a restraining order, having an attorney on your side can help lessen the negative impacts, notably your firearm rights and potential employment issues. The attorneys at Randall & Bruch, PC, have decades of experience going to court to help individuals who are facing a potential restraining order. Contact our law firm at (757) 742-6115 to see how our attorneys can help improve your situation.
Testimonials
“I cannot thank Attorney Bruch enough for his incredible work on my case. From start to finish, he was very professional, knowledgeable, reassuring and positive. Thanks to his expertise, my case was dismissed. I can finally move forward with peace of mind. If you’re looking for an attorney who will fight for you and deliver results, I highly recommend Attorney Bruch!” – Santana S.
“I would like to thank the law firm of Randall and Bruch, for a job well done. The awesome customer service, great professionalism, and communicated with me very well from start to finish. They got me the best outcome I could have expected and I am very pleased with the service they provided. I like to give special thanks to Tracee Williams. You are awesome. This young lady kept me on top of everything that was going on, day and night. Attorney Carol Zacheiss, thank you so much. Lori Stevens, Kimberly Collins, and staff, keep up the great job. I definitely will let my friends, family, and associates know to contact your office if in need of an Attorney.” – John C.
Facing a Protective Order? Call Us for a Consultation.
A protective order can significantly affect your life, including the time you spend with your children if your spouse has custody. Contact an experienced family lawyer at Randall & Bruch by calling 757-742-6115 or completing our online contact form.
Frequently Asked Questions
Several Virginia courts handle protective orders. You can file a petition for a protective order at the clerk’s office in the juvenile and domestic relations court or the general district court. Protective orders cannot be filed in the circuit court.
If someone files a protective order against you, a law enforcement officer will deliver the notice as part of the service process.
Read the document carefully if law enforcement serves you with a protective order. It will outline whether you can contact the person who applied for the protective order. It may also instruct on whether you can have weapons during the protective order hearing and how to pick up and drop off minor children. You should also contact an experienced protective order attorney at Randall & Bruch, PC, as soon as you read the order.
Yes, you can appeal a protective order. However, you have a specific time limit for filing an appeal, so contact an experienced family law attorney immediately.
You must attend a full hearing if someone filed a permanent protective order against you. You can provide evidence to refute the protective order at the full hearing. Evidence may include:
- Text messages
- Photos
- Emails
- Witness statements
- Medical records
- Other documents that refute the allegations against you
These documents will also help your attorney craft a defense for you.
During the hearing, you must notify the court of any requests, such as time-sharing issues or other reasons you may have to contact the petitioner. An attorney at Randall & Bruch, PC, can help guide you through this process.
Yes. A protective order will show up on your criminal record.
You must file a Motion for Modification with the clerk to request a modification or to abate the protective order. The court will set a hearing so both parties can present their arguments for or against modification.
It depends on the circumstances. During the hearing, the court will notify you of visitation rights, the type of visitation you may have, and where to pick up and drop off the children.
Yes. Federal law requires all states to honor protective orders from other states.
Written By Jack T. Randall
As lifelong resident of Western Tidewater, Jack Randall is a local attorney who wants the best results for his clients. He is an experienced and aggressive attorney with focus on family law, criminal and traffic law, as well as personal injury law cases.
