You may also face many other consequences, like a damaged reputation or job loss. In Virginia, a restraining order or protective order is a legal document issued by a judge to protect the health and safety of a person who is alleged to be a victim of any act involving violence, force or threat that results in bodily injury or places that person in fear of death, sexual assault or bodily injury. Principal Partner, Cordell & Cordell Last week I outlined what you need to know about orders of protection, which are unfortunately common in family law cases and are often used for strategic reasons.. However, assault, stalking, and harassment are against the law. THERE IS HOPE! How Can I Avoid Violating a Protective Order? A protective order is intended to protect a petitioner from future acts of violence. Protective Order (PO) – A full protective order can be issued by a judge for up to 2 years where both parties have notice and the opportunity to be heard. Virginia is also available in Spanish. Protective orders for family abuse protect victims from abuse by a relation or someone with whom they have had an intimate relationship. case or situation. What's more is that her accusations in the order of protection don't match what's in the police reports. In some cases, individuals do it out of anger or spite. If one of these crimes is being committed against you, you may want to consider calling the police. This court hearing is your chance to share your side of the story. The petitioner’s ownership of “animal companions.”. Contact an attorney as soon as possible if you’re unable to assemble this evidence because you’ve been arrested. Here are a few points to guide you in your defense against a protective order. The police ruled me out as a suspect and at the hearing, she dropped her claim. You may even be stopped from filing it to begin with without first signing that certain behavior has or is occurring. If you are facing a false … If a wife files false allegations of abuse during a divorce and those allegations lead to a domestic violence protective order, then the person on the receiving order has one best option: Follow the terms of the order. If you've been falsely served with a protective order, there are legal steps you can take to clear your name. We’re a Richmond, Virginia law firm with clients from around the world. False Report On Protective Order. A. Moreover, Virginia protective orders come with built-in expiration dates, which vary according to the type of protective order. A notification of the protective order (except for emergency and preliminary protective orders, as noted above). Any person who: 1. Protective Order Violations. If you believe the charges are false, then you have the legal right to present your case in court. If you’re planning on challenging a protective order, it’s important to discuss your situation with an attorney who is knowledge about state laws and the overall legal process. We can help you prepare for your trial, develop a defense strategy based on your evidence, subpoena relevant witnesses, and litigate on your behalf in court. The information on this website is for general information purposes only. You cannot really get into legal trouble for filing an application for a restraining order, unless you knowingly make false statements in order to obtain it. Emergency Protective Orders. Contact The Law Offices of Daniel J. Miller if you’re ready to fight for your innocence. This field is for validation purposes and should be left unchanged. Protective orders for stalking, sexual battery, and serious bodily Injury are unique in that they are only issued once a stalker or abuser has been arrested. 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