Stafford, Virginia Protective Order Lawyers

Skilled Attorneys Helping Clients Obtain Orders of Protection in Stafford

Many victims of domestic violence suffer in silence, living under the continuous threat of physical harm or other kinds of abuse. However, survivors of domestic violence can take legal action against their abusers by seeking a protective order. If you need help filing this order, reach out to a Stafford family law attorney today.

At Meyer & Bowden, PLLC, we stand as fierce advocates for victims of family abuse. We can help you pursue immediate and long-term protection from your abuser using a legal strategy tailored to your unique situation. If you need urgent help, call 911 and seek shelter at a secure location.

What Is Family Abuse?

Family abuse occurs when a family or household member uses violence, threats, intimidation, or coercion to control, harm, or instill fear in another family member. In Virginia, family abuse includes physical acts such as hitting, strangling, or shoving, as well as non-physical conduct like stalking, harassment, or destruction of property.

Abuse can occur between spouses or former spouses, parents and children, other relatives by blood or marriage, or those who live or have lived together. The law recognizes that family abuse risks the safety and well-being of victims and intervenes to provide legal protections and remedies.

Understanding the Different Types of Protective Orders

Virginia offers three primary forms of protective orders to address family abuse, each with their own timelines and terms.

Emergency Protective Order

An emergency protective order can be issued ex parte—that is, without the alleged abuser present—when law enforcement believes there is an immediate danger of family abuse. It typically lasts only 72 hours but can provide critical, short-term relief by ordering the abuser to stay away from the victim, the victim's home, and any shared children.

Preliminary Protective Order

A petition for a preliminary protective order can be filed with the Juvenile and Domestic Relations Court. This order lasts for 15 days or until a full hearing can be scheduled. This type of protective order can be issued ex parte if the judge or intake officer believes that there is an immediate and present danger to the petitioner. In addition to the protections provided by an emergency protective order, this order can also bar an abuser from monitoring the victim's position through GPS.

Final Protective Order

The hearing for a final protective order will usually be held within 15 days of the initial petition. If the judge determines the respondent committed family abuse, the court will enter a protective order lasting up to two years—and, in cases of ongoing danger, even longer. A protective order can include a range of protections and sanctions:

• No-contact provisions barring any communication or proximity to the victim and their children
• Removal of the abuser from the shared home
• Custody and visitation arrangements to protect children's safety
• Provisions addressing financial support, such as emergency family maintenance
• Orders for the abuser to surrender firearms and refrain from acquiring weapons

What Happens at a Hearing for a Protective Order?

At both the preliminary and final hearings, the judge considers testimony from the victim, the alleged abuser, and any witnesses. Evidence may include medical records, police reports, photographs of injuries, text messages, or witness statements. The victim's attorney can question witnesses and cross-examine the abuser's witnesses.

The alleged abuser can also testify and present evidence challenging the claims. The judge weighs the credibility of each side to decide whether the statutory definition of family abuse has been met. These hearings can feel overwhelming, but a seasoned attorney can help you prepare your testimony, gather supporting evidence, and advocate effectively for the protections you need.

Contact a Stafford, VA Protective Order Attorney

At Meyer & Bowden, PLLC, understand how frightening it can be to face family abuse. Our firm is ready to fight for your rights, taking aggressive measures to curtail future harm. Call 703-722-8692 or contact our Stafford, VA protective order attorneys today.