Fairfax Protective Orders Lawyer

Courts issue protective orders to protect people from violence, including harassment, abuse, stalking, or threats. If you received a protective order, you need an experienced Fairfax protective orders lawyer to ensure that your legal rights are protected.

At The Leiva Law Firm, we understand how complex protective order matters can be for those involved. We are committed to helping you navigate the legal system. Our criminal defense attorney will advocate for you and help you present your case to the court.

What Are Protective Orders?

A protective order may be issued by a court to protect the health and safety of the petitioner, their family, or members of the petitioner’s household. A protective order protects the petitioner from acts of violence, threats, or force that may result in injury or place the petitioner in fear of death, sexual assault, or bodily injury (Virginia Code 19.2-152.10).

There are three types of protective orders:

• Emergency Protective Order: Can be issued by a court and expires within 72 hours of being issued
• Preliminary Protective Order: A temporary protective order that can last up to fifteen days until the court can hold a full hearing on the matter. A petition must be filed, and a hearing will be held.
• Protective Order: A court can issue a protective order for up to two years, and both parties have the opportunity to be heard by the court prior to its issuance.

A knowledgeable protective order lawyer can answer any questions about the various types of protective orders in Fairfax.

Requirements to File for a Protective Order

To obtain a protective order, the petitioner must meet certain requirements. Either the respondent or the petitioner must be a resident of Fairfax, or the act of violence must have occurred in Fairfax, in order for a protective order to be filed in Fairfax. The petitioner must be able to detail recent acts of violence, family abuse, or threats of violence committed by the respondent. An experienced protective orders lawyer can help you understand your rights, respond appropriately, and navigate the legal process if a protective order has been filed against you in Fairfax. If a protective order is granted, it can affect where you can live, the custody of your children, your right to possess a firearm, the use of your vehicle, and financial support to the petitioner.

Violating a Protective Order

If the court issues a protective order, either an emergency, preliminary, or permanent protective order, the respondent must abide by the terms set forth by the court. If the respondent violates the protective order, they may be charged with a Class 1 misdemeanor for a first offense. A Class 1 misdemeanor is punishable by up to one year in jail, a fine of up to $2,500, or both. If the respondent violates the protective order more than once, the penalty will increase. A dedicated protective order lawyer can assist in answering questions regarding violations of protective orders in Fairfax.

Call an Experienced Fairfax Protective Orders Attorney

If you received a protective order and wish to challenge it, you need to have an experienced Fairfax protective orders lawyer to advocate on your behalf and assert your rights.

Manual Leiva at The Leiva Law Firm is an experienced trial lawyer who advocates for individuals dealing with protective order matters. He will review the order, the underlying allegations, and determine what defenses may be appropriate.

He can present your case and facts to the court and help guide you through the legal process. Contact us today to discuss your case.