Virginia Beach Restraining Orders

It can be scary to have a protective order placed against you by a household member and it is not something to be taken lightly.

Receiving a restraining order can change your entire life and potentially put your job at risk. Every year, roughly one in 10 individuals in the U.S. are falsely charged with abuse.

The attorneys at Randall & Bruch, PC Virginia Beach, can assist you with combatting a restraining order to keep your future, reputation, and well-being safe.

Why Virginia Beach Residents Choose Randall & Bruch

Clients turn to the legal team at Randall & Bruch because they know they will receive unwavering and sympathetic support for their legal situation. Our attorneys firmly believe every individual deserves quality legal representation and always approach a case with a “client-first” philosophy.

Should you select Randall & Bruch to represent you in your restraining order case, you can rest assured we will approach your case with compassion and commitment.

Testimonials

“Being from out of town, I was so impressed and so grateful for the care I was given from the very first reception/paralegal person. I was able to speak to. Everyone understood my concerns, and answered my many, many questions. Very prompt at getting back to me through texts or calls. Thank you to the team!” — Trish R.

“Mr. Randall and his staff have been so professional and helped us through our legal matter Always got back to us within a timely manner for all our questions and believe me we had a lot. I would recommend this law firm. Very friendly staff and Great A Lawyer.” — Marcia Parker

“Mr. Randall and his team provided excellent legal support during my case. He was extremely responsive, provided helpful guidance and prepared me well for my day in court. Best of all, he helped me achieve the result I wanted and needed. He was professional, kind and all around excellent. Would give 10 stars if I could!” — Chrystie S.

What is the Difference Between a Restraining Order and a Protective Order?

Virginia law uses protective orders, but “protective order” and “restraining order” are often used interchangeably. Virginia grants protective orders in both non-domestic and domestic situations to protect the health and safety of alleged abuse victims.

What Are the Three Types of Restraining Orders?

Under Virginia law, there are three types of protective orders: emergency, preliminary, and permanent.

Emergency Protective Order (EPO)

Emergency protective orders are temporary in nature, typically lasting only a few days. The purpose of the EPO is to protect individuals until a court can review the case. In most instances, a law enforcement officer requests an EPO, and only a magistrate or judge can issue one. It lasts for 72 hours or until the next court session, whichever is later.

Preliminary Protective Order (PPO)

A preliminary protective order is issued by a judge, and it can last up to 14 days to allow time for a court hearing. The respondent during this hearing doesn’t have to be provided notice of the court hearing. The preliminary protective order is the first step to getting a permanent protective order.

Permanent Protective Order

A permanent protective order, often referred to as a final protective order, can last up to two years. It is issued after a full hearing in court takes place where both parties have the opportunity to present their side of the story.

What is the Process to Obtain a Protective Order in Virginia Beach?

To obtain a protective order in Virginia Beach (or anywhere else in the Commonwealth), a person needs to:

• Alert the authorities
• File a petition at the intake office of their local Juvenile and Domestic Relations District Court
• Attend a protective order hearing
• Await a decision to see if there is a need for the issuance of a long-term protective order

What is the Burden of Proof for Protective Orders in Virginia Beach?

The burden of proof for a protective order in Virginia Beach falls on the alleged victim to demonstrate that acts of violence have been committed. The individual must prove the assault happened and demonstrate a fear the alleged abuser will attempt to hurt the individual again. Examples of proof include:

• Personal testimony
• Threatening texts or voicemails
• Doctor’s notes showing signs of physical abuse, bodily injury, or sexual assault
• Evidence demonstrating acts of family abuse
• A private, written, and dated journal documenting experiences and fears
• Any other proof demonstrating the individual or their children are in danger

What Happens if a Protective Order is Violated?

If an individual violates a protective order, they can be charged with a criminal offense (Class 1 misdemeanor) and be subjected to penalties such as:

• Fines
• Jail time
• Assault or battery charges

Additional violations by the respondent can result in more severe penalties.

How Can I Defend Myself from a Protective Order in Virginia Beach?

The best way to defend yourself from a protective order is to seek legal advice from a local protective order attorney in Virginia Beach, VA right away. A local attorney can investigate the claims against you and explore potential defensive strategies.

You must assemble evidence that tells your side of the story by gathering:

• A written account with details
• Photos and videos (including security footage)
• Witness statements
• Digital communications from the petitioner
• Phone and GPS records
• Social media posts
• Any other relevant documentation

In the meantime, be sure to respect and observe the conditions of the protective order so you do not find yourself in violation and facing criminal charges or other penalties and further need the services of a criminal defense attorney.

Let Our Firm Help Protect Your Reputation and Your Future

When a protective order in Virginia Beach is placed against you, this is a serious legal situation and can lead to long-term and far-reaching consequences, such as your inability to own a firearm. Having an experienced local protective order lawyer in Virginia Beach by your side can make all the difference.

The family law attorneys at Randall & Bruch, Virginia Beach are committed to helping individuals charged with domestic violence, facing protective orders, assault, or other charges receive the legal representation they deserve. Everyone deserves the opportunity to tell their side of the story.

The attorneys at Randall & Bruch are aggressive and will fight diligently to get the best possible outcome for our clients. To schedule a consultation, call our law firm. Our phone number is 757-742-6115 or, if you prefer, fill out our online contact form.