Reston, VA Protective Orders Lawyer

Dedicated Lawyer for Protection Against Domestic Violence in Northern, Virginia

What happens behind closed doors is often shocking. If you or your children are domestic violence victims, you are not alone. Your home should be your refuge, not the place where abuse takes place, but too many parents, spouses, significant others, and other family members commit acts of domestic violence every day. You probably realize you need to stop the abuse, but most victims are unsure how to protect themselves and their children from harm.

If you are in immediate danger, request assistance immediately from your local law enforcement organization. Nicole M. Burns, Attorney at Law stands ready to help you take the first step toward a better future by requesting a protective order. We can also assist if your abuser violates an existing order. We offer our full support as you explore the options available to end the domestic violence that is threatening you or your children.

Understanding Virginia Protective Orders

If someone's safety and health are threatened by domestic violence or abuse, a judge can issue a protective order. This legal document is intended to prevent the alleged abuser from harming the victim further, and it can prohibit the abuser from contacting the victim, their family, and anyone else in their household. A protective order also places other restrictions, and it outlines the legal consequences of violating the order.

For a judge to consider granting a protective order, you need evidence showing that there has been an act of family abuse or a credible threat that family abuse may occur.

Types of Protective Orders in Virginia

When the court believes that serious harm could come to the victim or their family, Virginia judges can issue three kinds of protective orders:

• Emergency protective order: This type of order can be granted by a magistrate or judge in an emergency when harm is believed to be imminent. The victim or law enforcement can request these orders, with the protections typically lasting for 72 hours.
• Preliminary protective order: Anyone who claims they are an abused victim can petition the court for a preliminary protective order. The victim's sworn testimony is the basis for granting these orders, but the court must also be convinced of probable cause that the victim has been harmed recently. A second hearing will take place within 15 days to either dismiss or continue the protective order.
• Protective order: To be granted a full protective order, the victim must prove that domestic abuse took place and that further abuse is likely without it. These orders can remain in place for up to two years, with a two-year extension possible.

We realize that you are probably very nervous about asking for a protective order. While these orders do not always prevent harm, they are effective tools in many cases. We can help you decide whether petitioning for an order is in the best interests of you and your children, and we can help you present your case to the courts.

If your children are threatened by domestic violence, you may need assistance with modifying your child custody and visitation orders. Domestic violence may also be a factor in your divorce. We can help with these situations as well.

Call Our Reston Domestic Violence Protective Orders Attorney

When the safety of you and your children is threatened by domestic violence, a protective order can be an effective part of your plan to end the abuse. Let Nicole M. Burns, Attorney at Law help you protect your family by seeking or enforcing a protective order. To schedule an initial consultation with our firm, you can contact us online or reach out to our Reston family law attorney at 703-373-4761.