DOMESTIC VIOLENCE LAWYER FAIRFAX

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read below important information about emergency protective orders:

What Are Protective Orders Involving Domestic Violence in Fairfax?

Domestic violence, also known as family abuse, is a serious matter. 

Domestic violence is harming or threatening to harm, a member of your family or household.

Because of the close personal relationship between the parties in domestic abuse cases, there are often specialized consequences for the Respondent if they are found guilty.  

Dealing with a domestic violence case can be very emotional, so it is important to hire an experienced domestic violence lawyer Fairfax to fight for your case.

There are three types of protective orders.

1.Emergency Protective Orders 

As explained by domestic violence lawyer Fairfax, Law enforcement officials can request an Emergency Protective Order through a Magistrate 24 hours a day.

The opposing party is not present. However, the Emergency Protective Order is not binding on the opposing party until he or she is properly served by law enforcement.

An Emergency Protective Order is only set in place for 72 hours while a court hearing is set for a Preliminary Protective Order. 

An Emergency Protective Order may be granted if an act or threat of family abuse occurs outside normal courthouse business hours. 

This means if an act of violence occurs in the middle of the night, you can still be protected.

2.Preliminary Protective Orders

A Preliminary Protective Order can be granted even without an Emergency Protective Order.

To receive a Preliminary Protective you must petition the Juvenile & Domestic Relations Court located in the county where the act or threat of family abuse occurred.

An ex-parte hearing, which means a hearing without the opposing party, will then be set on the court’s docket for you to present your case to the judge.

A Preliminary Protective Order can be set in place for up to 14 days while the court schedules a date for the Final Protective Order Hearing. Like an Emergency Protective Order, the Order cannot be enforced until the Respondent is properly served by law enforcement.

In order for the protective order to be granted, the judge must determine that there has been a recent act of family abuse or that there is an immediate and present danger of family abuse. This must be proven by a preponderance of the evidence, meaning “more likely than not.”

3.Full Protective Order

The final hearing for a Permanent Protective Order is not held ex-parte.

The Respondent has the opportunity to come into court and present evidence.

The Petitioner will present their evidence first. The Respondent then has the opportunity to cross-examine and confront all witnesses against them.

The Respondent will then have the opportunity to present evidence and witnesses against the Petitioner with the Petitioner having the same opportunity to cross-examine and confront all witnesses against them.

Relief: A Full Protective Order can last up to two years and can provide the following relief:

• A prohibition of further acts of family abuse;
• A prohibition on contact by the Respondent with you or with other household members;
• Grant you exclusive possession of the residence occupied by the parties;
• Prohibit the defendant from terminating utilities at the residence;
• Grant you exclusive possession or use of a motor vehicle titled in your name or jointly titled between the parties; and
• In rare cases, a judge may address temporary issues of custody and support.

If you wish to receive a Final Protective Order or are the Respondent in a Protective Order case, you should hire an attorney.

If you receive a Protective Order against you, any government security clearances you may have could be negatively affected.

What Happens If You Violate A Protective Order in Fairfax?

Violating any type of protective order is a Class 1 misdemeanor.

Violation of a protective order includes, but is not limited to, causing harm to the Petitioner, committing any type of crime, and going to a prohibited place.

The penalties for violating a protective order in Virginia increase with each violation.

Being convicted of violating a protective order a second time will result in a minimum jail sentence of sixty days.

Someone who is convicted of violating a protective order three or more times has a minimum of six months in jail and is a Class 6 felony.

How do I Appeal a Protective Order Decision?

Once the Juvenile and Domestic Relations Court enters a final order in your case, you have ten days to appeal the decision to the Circuit Court.

If you are on the receiving end of the protective order, this is the first step to take to fight this order. 

Regardless if you agree with the outcome or not, you must comply with the court order.

Violating a court order is both a civil and criminal offense and carries serious penalties.

Making sure that you start the process with an experienced attorney will give you a greater chance at prevailing in the lower court and therefore not needing to appeal.

What Is The Process Of Handling Domestic Abuse Through Court In Fairfax?

Your domestic case will most likely begin in the Juvenile and Domestic Relations Court.

In the JDR court, you are assigned a trial date if you are unable to settle the dispute through a plea agreement.

A plea agreement is when you plead “guilty” or “nolo contendere” to the charge and agree on the penalties.

If you want to plead “not guilty” and go to court you also have that opportunity.

Prior to your trial date, you should have an attorney prepare for your case.

There is a lot of preparation to handle any type of court case so it is vital that you hire an attorney as soon as possible.

What Happens If You Are Convicted Of Domestic Violence in Fairfax?

Domestic violence, or assault and battery against a family member, is a Class 1 misdemeanor and is punishable with up to a year in jail and a maximum fine of $2,500. For a first offense, you may have the option to be placed on probation and have your charge possibly dismissed from your record.

Of course, you would need to fulfill the obligations of your probation.

For a repeat offender of domestic violence, this charge moves up to a Class 6 felony.

If you are convicted of two or more charges of assault and battery of a family or household member it is punishable with up to five years in jail and a fine of up to $2,500.

Is It Possible To Appeal A Domestic Violence in Virginia Case?

As with most criminal offenses you are able to appeal your case “de novo”. “De novo” means that you are able to completely redo your case in a new court with a new judge.

Since your case most likely began in the Juvenile and Domestic Relations Court, when you petition for appeal it will move up to the Circuit Court.

During your new trial, the outcome that was delivered in the JDR court is not relevant to the decision made in the circuit court.

You also have the opportunity of having your case in front of a jury in the Circuit Court.