A divorce can be a distressing process, and it can be particularly difficult for victims of domestic violence or abuse. No one should have to live under the threat of physical harm. A protective order—sometimes called a restraining order—in Virginia protects victims of alleged abuse either temporarily or permanently. Protective orders are a valuable tool for victims of domestic abuse.
If you’re facing threats of violence from a spouse during a divorce or at any time, you need an experienced Manassas protective order lawyer to guide you through the process for prompt action. Call Collins Family Law today for a confidential consultation so we can get started.
What Are the Types of Protective Orders in Virginia?
Protective orders are legal documents put into place to protect someone at risk of bodily harm—typically from their spouse or partner. The order imposes serious legal consequences on the subject of the order if they violate the terms. There are three types of protective orders that our Manassas family law lawyers handle:
- An emergency protective order
- A preliminary protective order
- A permanent protective order
An emergency protective order lasts up to three days or until the next day the court convenes in the jurisdiction, depending on which is longer. A preliminary, or temporary, protective order lasts up to 15 days or until after a hearing for a permanent order occurs. Despite the “permanent protective order” title, these orders only last up to two years. When the order expires, the protected individual may request a renewal by providing evidence of an ongoing threat.
Restraining orders take effect as soon as the subject of the order is served with the official document.
Protective orders prohibit the subject of the order from physical contact with the victim and from contacting them through phone calls, texts, emails, social media, or a third party. Some protective orders include other provisions, such as granting the petitioner the family home, car, pet, and temporary full custody of the children, sometimes with visitation rights depending on the circumstances of the alleged threat or abuse.
What to Expect in the Process of Obtaining Protective Orders in Manassas?
The individual requesting a protective order has the burden of proof in the situation. This requires presenting evidence that the subject of the order is a threat to their safety. The victim and their attorney must gather compelling evidence and testimony to present at a hearing for the judge to approve a permanent protective order.
What If I’m Facing False a Protective Order Over False Allegations?
Threatening or committing domestic violence is never tolerated or excused, but at Collins Family Law, we recognize that some spouses allege domestic abuse during the heated emotions of the divorce as a means of punishment, retribution, or to sway the judge in a custody dispute. If you’ve been served with a restraining order during a divorce under false allegations, our Manassas divorce attorneys are ready to hear your side of the story. Everybody deserves legal counsel and representation, including in an appeal against a protective order.
Call the Manassas Protective Order Attorneys at Collins Family Law
Virginia takes domestic violence seriously and so do the family-oriented attorneys at Collins Family Law. We provide empathetic legal advice throughout the divorce process, including to victims of domestic violence. If you’ve been threatened by a spouse or partner, call the Manassas protective order lawyers at Collins Family Law today.