Virginia Beach Protective Orders Attorneys
If you are a victim of domestic violence, abuse, harassment, stalking, or threats in Virginia Beach, there is help available through protective orders. In Virginia, there are three main types of protective orders: emergency protective orders, preliminary protective orders, and permanent protective orders. Protective orders are designed to prevent individuals who have perpetrated family abuse (which also includes certain “household members”) from contacting or visiting family members, spouses, ex-spouses, and significant others.
If you feel unsafe in Virginia Beach because of assault, sexual assault, stalking, or threats of violence, the compassionate family law attorneys at Pincus Goodman, P.C., can help you seek a protective order that best suits your circumstances. Contact us right away for a consultation by calling (757) 301-9634.
Emergency Protective Orders
The process for obtaining an emergency protective order is typically faster than the process for obtaining a permanent protective order. Emergency protective orders can be issued in urgent situations, 24 hours a day, on any day of the year. Judges in a variety of courts, including circuit courts, district courts, and juvenile courts, as well as magistrates, have the authority to issue emergency protective orders. In some cases, police officers may even request emergency protective orders verbally or over the phone.
Emergency protective orders are often issued without notifying the defendant. For an emergency protective order to be valid, there must be a reasonable belief that abuse has occurred and that additional abuse may occur in the future if an emergency protective order isn’t issued. Often, emergency protective orders are also automatically issued alongside warrants charging defendants who are alleged to have committed abuse against family or household members.
Emergency protective orders are good for 72 hours in Virginia, though the order may be extended if it expires while the court that issued it is not in session. If you urgently need protection from someone who has abused you, our Virginia Beach lawyers will move quickly to help you obtain an emergency protective order. While the order is in effect, we can also help you obtain longer-term protection through preliminary or permanent protective orders.
Preliminary Protective Orders
Preliminary protective orders can be issued by a court to protect the petitioner while they await a hearing. In some cases, the court will issue the order without notifying the alleged abuser, but the petitioner will need to be able to prove that they have good reason to believe they are in immediate danger or that they recently suffered abuse. Even if they are not initially notified, the respondent will receive a copy of the protective order, and a hearing will be scheduled so that the respondent can present a rebuttal to the petitioner’s claims. This hearing will take place within 15 days of the protective order being issued. If you need help pursuing a preliminary protective order, contact Pincus Goodman, P.C. right away.
Permanent Protective Orders
Virginia Code § 16.1-279.1, which went into effect in January 2022, allows the courts to impose a protective order to protect the “health and safety of the petitioner and family or household members of the petitioner.” The protective order may be used to prohibit the alleged abuser (the respondent) from perpetrating further abuse on the petitioner, cut off contact between the respondent and the petitioner, prevent the respondent from accessing the family home, and provide other types of relief. The protective order can be issued for up to two years, though the petitioner can request an extension.
If you are in danger, our Virginia Beach family law attorneys will complete the proper forms on your behalf and seek the protection you deserve.
Contact a Virginia Beach Family Law Attorney Today
If you are in an unsafe situation, contact the Virginia Beach attorneys of Pincus Goodman, P.C., today for a consultation to discuss your options. We will help you understand how protective orders work and determine whether seeking a protective order is the right option for you. Call us at (757) 301-9634 to speak with one of our family law attorneys and get the help you need.