Richmond Protective Orders Attorney
Types of Protective Orders in Virginia
Protective orders, also referred to as “restraining orders,” are generally orders issued by courts designed to protect victims of domestic abuse and their children. They are issued on an emergency basis as well as a more permanent basis to ensure the health and safety of family or household members as defined under Virginia law. These orders generally prohibit acts of abuse, force, violence, or threat of violence against the victim, the victim’s family or household members as well as prohibit any contact between the protected persons and the abuser.
When seeking a Protective Order, the victim is called the Petitioner while the abuser is labeled the Respondent.
Protective orders are issued in the following ways:
- Emergency Protective Orders (EPOs). Law enforcement officers and judges can be petitioned for EPOs in an emergency with or without the arrest of the abuser. After being granted by a judge, they go into immediate effect but only for 72 hours or until the next court session.
- Preliminary Protective Orders (PPOs). Also granted only by a judge based on the sworn statement of the victim, PPOs last for 15 days or until a hearing can take place to determine whether a final Protective Order should be granted. PPOs can be obtained in a hearing without the presence of the abuser. You must seek a PPO within a short period after abuse or threat of abuse has occurred.
- Permanent Protective Orders (POs). These are granted in a final hearing in which both the victim and the abuser will present their testimony to the judge. If granted, a PO lasts for two years and can be renewed if the judge determines that the protection needs to be extended. POs can be renewed without limit.
Restrictions that Come with a Protective Order
Aside from prohibiting any further abuse, threat of abuse, or contact with the victim, Protective Orders can also impose the following restrictions and conditions:
- Grant possession of the family residence to the Petitioner and any other family or household members
- Order the Respondent to pay for the household utilities or restore them if they were discontinued
- Grant possession of the family car to the Petitioner
- Order the Respondent to provide alternate housing for family/household members where needed
- Grant possession of the family pet to the Petitioner
- Grant custody of children to the Petitioner with or without visitation rights of the Respondent, depending on the circumstances
- Order the Respondent to complete counseling, treatment, or other programs ordered by the court
- Require any other type of relief that the court determines is necessary for the protection of the Petitioner and his or her family/household members
Additionally, anyone subject to a permanent Protective Order is prohibited from possessing a gun; this is required by Virginia law. Protective Orders can be enforced through the courts. Violations of any of the terms or conditions of a PO by the abuser may lead to criminal charges, jail time, and other court sanctions.
Serving the Needs of Families Throughout the Greater Richmond Area
Accusations of family abuse can be a complex matter and can often be made in the heat of the moment during highly-emotional situations. In some cases, they can consist of falsehoods, misrepresentations, or exaggerations made by one party against the other out of spite, revenge, or anger. These situations often occur in relationship breakups, divorce, or custody battles where one party seeks to gain leverage over the other. At Janus & Stone, P.C., we also represent individuals who have been falsely accused of domestic abuse. Our attorney can defend you in Protective Order hearings ensuring that your rights are protected and that your voice is heard.
If you have been a victim of family abuse and need to seek a protective order or if you have been falsely accused of family abuse in a protective order matter, Janus & Stone, P.C. can help. Our family law attorney has been representing individuals and their families in these types of situations for two decades. Attorney Taylor B. Stone is an experienced and accomplished trial lawyer with a strong history of successful results. He understands the emotional challenges that you may be facing in this matter and provides the legal care and skills you need at this difficult time.
“He will give his all to help you be able to win your case. Hands down the best out there.”- Michael
“Mr. Taylor Stone is an incredible lawyer. He took great care of me at every step and always made sure I was completely informed.”- Ryan
“Mr. Stone handled deftly everything that came our way, and I had the utmost confidence in him throughout the process.”- Michael