McLean, Virginia Protective Order Defense Lawyer

Attorney Helping to Defend Against Restrictive Protective Orders in McLean

If you have been accused of a violent crime, you may not only need to defend against criminal charges, but you may also need to respond to a request for a protective order made by the alleged victim. This type of order can place serious restrictions on you that could affect your living situation, your relationships with family members, and many other areas of your life.

While protective orders are civil matters, they may be related to criminal cases, or they may be requested during contentious divorce or family law cases. They may sometimes be weaponized, such as when a person accuses their spouse of domestic violence in order to force the person out of their home, limit their access to their children, and require them to continue providing financial support. Because of the serious and long-lasting effects of protective orders, it is crucial to work with an attorney to address the accusations and defend against unnecessary restrictions.

At Noorishad Law, P.C., our criminal defense lawyer can help you determine the right approach to take when responding to a request for a protective order. We can help you challenge the claims that you have engaged in violence, threats, or abuse, and we will work to prevent an order from being issued or extended. The rules surrounding protective orders are strict, and any violation—no matter how minor—can result in criminal penalties. Our skilled attorney can carefully review the facts, present evidence on your behalf, and fight to protect your rights.

When Protective Orders May Be Issued in Virginia

Virginia law allows courts to issue protective orders under several circumstances. In general, a person who has experienced violence or threats may request an order, and a judge may grant their request if there is a risk of additional violence. A protective order may also be issued following an arrest for a violent crime such as assault and battery.

Protective orders may be a factor in cases involving:

• Family or Household Disputes: Allegations of abuse, threats, or violence between spouses, former spouses, or people who share a child may lead to the issuance of protective orders.
• Stalking or Harassment: When someone is accused of repeatedly following, contacting, or intimidating another person, the alleged victim may seek a protective order that will prevent the person from contacting them and require them to stay away from their home or workplace.
• Acts or Threats of Violence: Incidents in which a person is accused of inflicting bodily harm or making credible threats that place someone in fear for their safety may lead to requests for protective orders.

An emergency protective order can be granted by a judge or magistrate without the accused present. These orders may remain in effect for three days. A hearing may be held to determine whether a long-term protective order will be necessary. If a judge grants a request for a protective order, the order may remain in effect for up to two years.

Restrictions Imposed by a Protective Order

A protective order can place multiple types of restrictions on your daily life. Depending on the court's terms, these restrictions may include:

• No Contact Orders: You may be prohibited from any forms of direct or indirect communication with the petitioner and their family members or people who live in their household. All forms of contact will be prohibited, including phone calls, text messages, emails, social media, or sending messages through third parties. If the petitioner is your spouse or the other parent of your children, this could result in you being unable to see or speak with your children.
• Exclusion From a Shared Residence: You may be required to leave a home that you share with the petitioner. This may lead to difficulties as you find new living arrangements and retrieve any belongings you have in your home.
• Stay-Away Provisions: You may be required to remain a certain distance from the petitioner and their family or household members at all times. You may be unable to go near their home, workplace, or other locations where they may be. This could prevent you from going near your children's schools.
• Firearm Surrender: A protective order will typically require you to turn over any firearms you own to law enforcement, and you will be prohibited from possessing guns for the duration of the order.
• Financial Support: You could be ordered to provide ongoing support to the petitioner if they are your spouse or the other parent of your children. You may be required to continue making mortgage or rent payments for a shared residence, as well as payments toward other expenses, such as utilities or auto loan payments.

These restrictions can disrupt your life, affect your relationships with family members, limit your professional opportunities, and cause you to struggle financially. Because protective orders are handled in civil courts, they can lead to ongoing consequences, and they may remain in effect even if you successfully defend against any related criminal charges.

The Importance of Defending Against a Protective Order

Because protective orders are civil matters, the burden of proof is lower than in a criminal case. A court can issue an order based on a judge's belief that the petitioner's claims are credible, even without physical evidence. Once issued, a protective order becomes part of the public record, potentially affecting issues such as employment and housing.

You will need to understand your options for defending against a protective order and avoiding restrictions that could affect you for multiple years. Our attorney can help you challenge the allegations against you and demonstrate that a protective order is not necessary to prevent acts of violence. He can introduce evidence countering the petitioner's claims and cross-examine the petitioner or other witnesses to show that the accusations against you are false. With a strong defense, you can avoid harsh restrictions while also addressing any criminal charges related to the allegations of violence or abuse.

Contact Our McLean, VA Protective Order Defense Attorney

Because the long-term effects of a protection order are so serious, a strong legal defense will be necessary to protect your rights and reputation while avoiding ongoing problems in your life. At Noorishad Law, P.C., our lawyer will work closely with you to defend against accusations of violence, abuse, or threats. Contact our McLean protective order defense lawyer at 703-542-4500 to arrange a free consultation.