Criminal Defense: Virginia’s Protective Order Duration

In the U.S., criminal defense is a term that refers to the legal process and set of rules designed to protect people from being convicted of acts they did not commit. Criminal defense commonly refers to defending an individual suspected of or charged with a crime. In contrast, protective orders refer to court orders to protect vulnerable people, including children and the elderly.

Virginia law establishes protective order statutes. Most protective orders end after their allotted time runs out. So, If you’ve been charged with a crime, contact an experienced criminal defense attorney at The Irving Law Firm who practices in Virginia’s courts and has experience and dedication to helping you get the best possible outcome in your case. 

Understanding Protective Orders

A judge or magistrate issues protective orders to ensure the safety of victims. Protection orders can be issued in Virginia when someone has been injured by violence, force, or threat or when they reasonably fear death, sexual assault, or harm.

It may require the alleged abuser to keep up with financial obligations such as a mortgage or car payment and utility bills to safeguard other home members. The protective order might extend to the home under Virginia law, granting you and your family unfettered access to the property.

Examples of situations where a protective order might be issued are:

• Abuse inside the family.
• Battery and Assault while Stalking.
• Harassment, Death Threats, and Other Sexually-Related Crimes.

Protective orders can save your life and the lives of your loved ones if you’re ever in danger.

Types Of Protective Orders In Virginia

If your life is negatively impacted by someone’s abuse, trust, or other disruptive behavior, you may ask a judge for a protective order. There are several types of protective orders that you can request.

Emergency

Victims of abuse, assault, force, or severe threat can apply for emergency protective orders from the court. These orders are in effect until the next court session or 72 hours. 

Emergency protection orders may be issued when the victim and their household are in danger because of an arrest or arrest warrant. If the respondent attacks or threatens the victim, they face severe consequences. With the issuance of a protection order, the following authorities are granted:

• The respondent cannot contact the victim or relatives.
• They forbid violence, force, threat, or criminal offenses that harm the victim or their property.
•  The respondent must return a victim-owned companion animal.
• Family abuse victims and their families receive temporary custody of the residence.

Preliminary

A judge can grant a temporary restraining order under general abuse, violence, force, or threat. After an incident of abuse, assault, force, or danger, a victim may file a petition for these.

In Virginia, a court can issue a temporary restraining order for up to 15 days or until a full hearing can be held.

Permanent

A permanent protective order may be granted to the petitioner if the judge finds doing so essential after a thorough hearing. The judge’s ruling will be based on what’s in the petitioners and their loved ones’ best interests.

Issues with the court can get complicated fairly quickly, so working closely with an attorney is a good idea. That’s where The Irving Law Firm comes in. They have represented clients in criminal defense cases, protective order matters, and family law cases. You don’t have to face this alone.

Seek Help At The Irving Law Firm

In Virginia, protective orders are given out by the courts when an individual is fearful for their safety. Protective orders are also known as domestic protective orders. They are often issued after physical and emotional abuse, stalking, and sexual assault.

Don’t wait until an arrest is made for you to find a criminal defense lawyer. By then, it will be too late. Seek help at The Irving Law Firm and see how they can help with your protective order case in Virginia. 

Summary

In order to ensure the safety of victims, a court or judge may issue a protective order. Protection orders can be given in Virginia when someone has been injured or reasonably fears being killed, sexually assaulted, or otherwise harmed due to previous incidents of violence, force, or threat.

Protective orders provide victims of abuse and actual or imminent violent crimes with a protective legal barrier in Virginia. Violence against family members and other household members is treated differently by Virginia courts than violence against anybody else.

The Juvenile and Domestic Relations Court is where you should file if you are a family member of the abuser. You will file in the General District Court in all other circumstances with the help of a criminal defense lawyer.

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