Protective Orders in Domestic Violence Cases: What They Mean for the Accused in Virginia

If you have been accused of domestic violence in Virginia, you are facing serious consequences. Not only does this include the consequences of a domestic violence conviction, but it also includes the consequences of having a protective order entered against you. Keep reading to find out what you need to know about facing a protective order in Virginia from an experienced Woodbridge domestic violence lawyer.

There Are Three Kinds of Domestic Violence Protective Orders in Virginia

In Virginia, judges and magistrates issue protective orders to protect victims of domestic violence. Unfortunately, individuals who falsely claim to be victims can also obtain protective orders in some cases. As the Virginia Courts explain, a protective order may be issued to protect anyone, “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.”

The word “alleged” is key—especially in the early stages of a case. Only minimal evidence is required to obtain an emergency or preliminary protective order, and judges and magistrates can issue these orders without the alleged perpetrator having the opportunity to defend himself or herself in court.

There are three kinds of domestic violence protective orders in Virginia:

Emergency Protective Order – Emergency protective orders (EPOs) are typically issued in the immediate aftermath of an alleged domestic violence incident. They can remain in effect for up to 72 hours.
Preliminary Protective Order – Preliminary protective orders (PPOs) can be issued based on an alleged victim’s statements and without the alleged perpetrator’s presence. They can remain in effect for up to 15 days.
Protective Order – If an alleged victim receives an EPO or PPO, the case will be scheduled for a hearing. If the judge finds that further protection is warranted, the judge can issue a protective order lasting up to two years (which can potentially be renewed upon expiration).

A critical fact to understand about protective orders in domestic violence cases is that these orders are issued in civil proceedings. These proceedings are entirely separate from the alleged perpetrator’s criminal trial. The standards for imposing protective orders are much lower than the standards for a criminal conviction, and this means you can be subjected to a protective order before your criminal case and regardless of whether you are criminally culpable.

Domestic Violence Protective Orders Can Impose Various Restrictions

If you have a domestic violence protective order entered against you, you must strictly comply with the terms of the protective order until it expires or you have it overturned. These protective orders can impose various restrictions, and it is imperative that you have a clear understanding of the restrictions that apply in your case.

Some examples of common restrictions in domestic violence protective orders include:

Not contacting the alleged victim or his or her family members
Not committing any acts of violence or making any threats of violence
Not visiting the alleged victim’s home (which may mean living somewhere else temporarily)
Not visiting the alleged victim’s workplace
Not visiting other locations frequented by the alleged victim

Domestic violence protective orders can impose affirmative requirements as well. For example, along with the restrictions listed above, a protective order may also require an alleged perpetrator to attend counseling or continue providing financial support to the alleged victim.

If you are not clear on what you are prohibited from doing (and what you are required to do), an experienced Woodbridge domestic violence lawyer can help you. Your lawyer can also prepare to fight for you at your protective order hearing while simultaneously getting ready to fight your domestic violence case in criminal court.

Violating a Domestic Violence Protective Order Can Lead to Additional Criminal Charges

Another critical fact to understand about protective orders in domestic violence cases is that while these orders are issued in civil proceedings, violating a domestic violence protective order is a criminal offense. This means that if you violate your domestic violence protective order, you could face fines, jail time, and other serious consequences.

This is true regardless of whether you are guilty of domestic violence. If you violate a court order, you can be held responsible—period. As a result, if you get accused of violating your domestic violence protective order, you will need to defend against your domestic violence case and your protective order violation case in order to avoid unnecessary consequences.

What Should You Do if You Are Facing a Domestic Violence Protective Order in Virginia?

With all of this in mind, what should you do if you are facing a domestic violence protective order in Virginia? In this scenario, you should:

1. Not Ignore Your Situation

If you have had a protective order entered against you, one of the most dangerous mistakes you can make is to ignore your situation. As we just discussed, if you violate your protective order, you can face serious consequences regardless of whether the order was justified. Right now, protecting yourself needs to be your top priority.

2. Make Sure You Know All of the Terms of Your Protective Order

You should make sure you know the terms of your protective order. In addition to the restrictions and requirements the order imposes, this includes its expiration date. You need to make sure you know the date of your protective order hearing as well. If you are unsure about any of these, your lawyer will be able to help.

3. Talk to an Experienced Woodbridge Domestic Violence Lawyer

Protecting yourself when you are facing a domestic violence protective order requires experienced legal representation. This is a high-risk scenario that can have long-term (and potentially lifelong) consequences. It is also a complex scenario that requires an in-depth understanding of Virginia law and the criminal justice process in Virginia.

Schedule a Free Consultation with a Woodbridge Domestic Violence Lawyer Today

If you are facing domestic violence accusations in Northern Virginia, we strongly encourage you to contact us so that we can help you. Call 703-897-1777 or contact us online to schedule a free consultation with a Woodbridge domestic violence lawyer today.