Protective Orders in Virginia: What You Need to Know
A protective order can be confusing and stressful, especially if you have never dealt with the court system before. Whether you are seeking protection or have been served with an order, understanding what it means, what restrictions may apply, and what happens next is important.
Attorney Lili O’Connell is highly experienced in handling protective orders in Northern Virginia. In this video she explains what to avoid after one is in place.
Clear Guidance When the Situation Is Complicated
At Battlefield Law Group, attorney Lili R. O'Connell has extensive experience handling protective-order matters throughout Northern Virginia, including cases in Prince William, Fairfax, Loudoun, and surrounding courts. Protective-order cases can be emotional, complicated, and highly personal. Lili is experienced in navigating these difficult situations with a thoughtful, steady approach while helping clients understand the legal process and what to expect at each stage.
What Is a Protective Order?
A protective order is a court order intended to protect a person from violence, force, threats, or certain other conduct. Depending on the circumstances and the type of order issued, it may restrict contact, prohibit someone from going to certain places, or impose other conditions.
A protective order is not the same as a criminal conviction. However, it is a court order, and once it has been issued, its terms must be taken seriously.
What Are the Different Types of Protective Orders in Virginia?
Virginia has several types of protective orders, including emergency, preliminary, and longer-term protective orders.
Emergency Protective Orders are intended to address immediate situations and may be issued by a judge or magistrate without the other person being present.
Preliminary Protective Orders may provide protection while the case moves toward a full hearing. These orders may also initially be issued without the other person being present. If you have been served with a preliminary protective order, it is important to understand that the court has not necessarily made a final determination about the allegations.
Longer-Term Protective Orders may be entered after a hearing where both parties have an opportunity to present evidence. The length of the order and the restrictions imposed will depend on the circumstances of the case.
How Can I Obtain a Protective Order?
Seeking a protective order can feel overwhelming, particularly when it involves someone you know or a situation that has already become stressful or frightening.
An experienced protective-order attorney can help you understand which type of order may apply, what information and evidence may be important, how the hearing process works, and how to clearly present your concerns to the court.
Battlefield Law Group represents individuals seeking protective orders as well as those responding to them. Because these cases can involve very different circumstances, our attorneys approach each matter based on the facts, evidence, and issues involved.
What If I Have Been Served With a Protective Order?
Being served with a protective order does not mean the allegations against you have automatically been proven. Depending on the type of order, you may have an upcoming hearing where evidence can be presented and the court will determine whether an order should remain in place.
Until then, however, it is important to follow the terms of the order exactly. Even contact that may seem harmless or well-intentioned could create additional legal problems if it violates the order.
An attorney can review the allegations, the language of the order, available evidence, communications between the parties, and other circumstances that may be relevant before the hearing.
What Happens If I Violate a Protective Order?
In Virginia, certain protective-order violations are generally prosecuted as a Class 1 misdemeanor under Va. Code § 18.2-60.4, with more serious consequences possible in certain circumstances.
A violation could involve a phone call, text, social media message, contacting someone through another person, prohibited in-person contact, or going somewhere the order prohibits.
If you have been accused of violating a protective order, it is important to take the charge seriously. An experienced attorney can review the language of the order, what allegedly occurred, and the surrounding circumstances to help you understand your options and determine how the charge should be addressed.
Protective Order Help Across Northern Virginia and the Lynchburg Area
Battlefield Law Group handles protective-order matters in Northern Virginia and the Lynchburg area, representing people who are seeking protection as well as those who have been served with an order.
In Northern Virginia, Lili handles many of the firm's protective-order cases in Prince William, Fairfax, Loudoun, and surrounding courts.
In the Lynchburg area, Robert W. Yurkowski handles these cases in Lynchburg, Bedford, Campbell, Amherst, and surrounding courts, with the support of the broader Battlefield Law Group team, including Lili's experience with protective-order matters.
Whether you are filing for a protective order, preparing for a hearing, or trying to understand an order that has already been entered, we can help you understand what comes next and how to prepare.